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HomeMy WebLinkAbout10/19/2009 Planning Commission Minutes t � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. ROLL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Kim Kang, Commissioners Denise Leskinen,Loren Schoenzeit,Tess Rice,and Alternate Janice Berg. Representing Staff were Planning and Zoning Coordinator Melanie Curtis,Planner Evelyn Turner, and Recorder Jackie Young. Council Member Lili McMillan was present. Commissioner Jon Schwingler arrived at 6:37 p.m. Chair Kang called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Chair Kang opened the public hearing for Item Nos.4 and 5 at 6:32 p.m. There were no public comments regarding Item Nos. 4 and 5. Chair Kang closed the public hearing at 6:32 p.m. Berg moved,Leskinen seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5, " Nays 0. #1. APPROVAL OF PLANNING COMIVIISSION MEETING MINUTES OF SEPTEMBER 21,2009 Leskinen requested the minutes be corrected to read that Acting Chair Kang called the meeting to order. Berg moved,Leskinen seconded,to approve the Planning Commission minutes of September 21, 2009, as amended. VOTE: Ayes 5,Nays 0. NEW BUSINESS 2. #09-3405 FRANK MASSERANO,III ON BEHALF OF INTERNATIONAL MIIVISTERIAL FELLOWSffiP,2477 SHADYWOOD ROAD,VARIANCES AND SITE PLAN REVIEW,6:34 P.M.—6:58 P.M. Frank Masserano,Applicant, and Chet Masserano were present. Curtis stated the applicant is requesting commercial site plan approval to construct an entry addition on the front of the building and a conditional use permit approval for an entry deck on the rear of the building for the church. The request includes a setback variance to place the entry deck 30 feet from the rear property line when a 50-foot setback is required for church structures. A hardcover variance to have 44.25 percent hardcover in the 500 to 1000 foot zone when 45.9 percent exists and 35 percent is allowed is also requested. � A conditional use permit was granted in 2001 for church use of the upper level and approximately half of the lower level. The remainder is general office space. The International Ministerial Fellowship owns the building. Bay Wind Church will continue to occupy the upper level and IMF will have its offices in the lower level. Page 1 : , MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3405 FRANK MASSERANO,III,ON BEHALF OF INTERNATIONAL MINISTERIAL FELLOWSHIP, CONTINUED The applicant is proposing a 263 square foot entry addition with a 311 square foot covered porch-like entry to the front of the building to provide a more defined access to the front. The entry to the upper level is proposed to be changed from the side to the rear side of the building. A 22' x 45' deck and access ramp would be constructed for the new entry. The number of parldng spaces is not proposed to be changed. The church requires 54 spaces. The church and the offices were considered to have opposite peak usage times, so required parking was based on the church use as it required more parking than the office use. Planning Staff recommends approval of the conditional use permit, commercial site plan review, and hardcover variances for the proposed additions/changes to the site. Frank Masserano stated they have operated in Fridley for 28 years and have attempted to be good neighbors over the years. They are in need of more space and they have decided to relocate to the Navarre property. Masserano stated he feels the improvements are a positive thing for the community. Chair Kang opened the public hearing at 7:38 p.m. Kirk Nelson,2560 Kelly Avenue, stated he owns the residential lot that abuts the rear of this property. His property line is located 42 feet from the office building. Nelson indicated he does not have a problem with the front entry but he does have an issue with the proposed deck. The deck will be located . fairly close to his house,which will cause him to lose some privacy. Nelson indicated he had some issues last year with children screaming outside and that he has some concerns as it relates to his privacy. Schoenzeit asked what Mr.Nelson would like to see with regard to the deck. Nelson stated the deck will be approximately 20 feet from his property line and that overall he has not experienced many problems but that the deck will likely jeopardize his property. Curtis noted the deck is 30 feet from the rear property line. Rice pointed out the current parking lot is closer to the property line than the deck will be. Curtis noted a portion of the parking lot will be removed. Rice stated the deck will be located further away from the property line than the parking lot is. Nelson noted there is a ramp next to the building. Nelson asked how wide the deck is from the building. Curtis stated it will come out 21 feet from the building. Nelson reiterated that he does have some concerns regarding his privacy given the fact that there will be people out on the deck periodically. Kang asked if Mr.Nelson would like to see some screening planted. Page 2 ; , MINUTES OF THE ORONO PLANPTING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. � #09-3405 FRANK MASSERANO,ffi ON BEIiALF OF INTERNATIONAL MINISTERIAL FELLOWSHIP,CONTINUED Mr.Nelson stated he would. Berg noted there is a letter in the Commissioners' packets from Mr.Nelson. Rice asked if this area is wooded at all between Mr.Nelson's property and the building. Nelson indicated there are some trees but it is fairly open. Frank Masserano stated he has not had a chance to meet Mr.Nelson. Masserano stated Baywinds has a small congregation consisting of approximately 20 people. The parking lot is located closer to the property line and it is likely that Mr.Nelson will not be able to see the deck from his residence. Masserano indicated he expects the congregation will get smaller over the years rather than larger and that the median age is around age 60,with no children. Chair Kang closed the public hearing at 6:45 p.m. ' Schoenzeit asked what the setback is. Curtis indicated there is a 50-foot setback from all abutting residential property lines for church buildings and that typically for an office building there is a 35-foot setback. Kang noted that Staff has recommended changing the shape of the deck. Masserano noted they have reduced the size of the deck and located it further away from the property line. Kang noted another concern is landscaping around the front entry area and asked whether any trees would need to be removed. Masserano stated they should be able to save the trees and that they are looking at saving the evergreen shrubs and relocating them. Chet Masserano stated to his lrnowledge the architect has submitted a landscape plan to the City and that they will be planting some new trees and shrubs. Berg asked whether there will be any landscaping around the deck. . Frank Masserano stated they would be willing to add some landscaping in that area. Kang indicated she would like to see some landscaping in that area to help reduce the visibility of the deck. Chet Masserano stated the deck is located above the ground, and that given the amount of trees in the area,you should not be able to see the deck. Masserano stated he is unsure how they would be able to landscape around the deck given the height of it. Page 3 � , MINUTES OF THE ORONO PLANNING COMNIISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3405 FRANK MASSERANO,III ON BEITALF OF INTERNATIONAL MINISTERIAL FELLOWSHIP,CONTINUED Schwingler stated the Planning Commission is looking at a buffer between the deck and the property line. Berg suggested some additional trees or landscaping be added closer to the property line where the parking lot is removed. Leskinen stated it would be ideal to have some year-round landscaping. Frank Masserano indicated he would be happy to do that. Schoenzeit moved,Rice seconded,to recommend approval of Application#09-3405,Frank Masserano,III,on behalf of International Ministerial Fellowship,commercial site plan approval and conditional use permit,subject to the addition of screening/landscaping to be incorporated in the parking lot section that is proposed to be removed. VOTE: Ayes 6,Nays 0. 3. #09-3428 MICHAEL AND MARILYN HUTHWAITE,3382 BAYSIDE ROAD, VARIANCES AND CONDITIONAL USE PERMIT,6:58 P.M.—8:08 P.M. Michael and Marilyn Huthwaite,Applicants,were present along with Jeremy Steiner,Attorney-at-Law, and Rick Hendel,Builder. Curtis stated the applicant is requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek to construct a replacement residence and lot area, creek setback, and hardcover variances within the 0-75 foot zone and the 75-250 foot setback zone. The property consists of four separate tax parcels under one address where a home has existed for a number of years. The subject property lies within the LR-lA zoning district,contains Stubbs Bay Creek and wetland. The redevelopment of the property has also triggered the application of the City's wetland regulations,requiring a buffer. The combined area of the four lots is 34,400 square feet or.79 acres when the zoning district requires two acres. The existing home meets the street and side yard setback requirements. The applicants'proposed home does not meet any yard setback requirements. They have proposed a 41.2 foot setback from Crestview,which will essentially become their frontlstreet yard with the driveway reorientation; a 48.2 foot setback from Bayside Road is proposed where a 50-foot setback is required from both streets. They have proposed 16.9 foot to 24-foot setbacks from the side lot lines where 30 feet is required. The house would be as close as 48 feet to the creek when the shore land regulations require a 75-foot setback. The gravel driveway and attached garage on the existing home on the property were located entirely within the 75-foot creek setback. Hardcover in the 0-75 foot zone is proposed to be 11.24 percent,reduced slightly from the existing 11.4 percent. Hardcover within the 75-250 zone jumps from an existing 11.1 percent to 33.6 percent proposed. In addition to the proposed 3,682 square foot home and 715 square feet of proposed patio, and 2,018 Page 4 � , MINUTES OF TAE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHWAITE, CONTINUED square feet of hardcover in the driveway and courtyard,there are 315 square feet of proposed retaining walls and a proposed foot bridge spanning the creek. Since the earthwork will take place within the creek located within the 0-75 foot zone and exceeds 10 cubic yards, a conditional use permit is required. The applicants are working with the MCWD on the stream bank stabilization project. The proposed bridge over Stubbs Bay Creek poses a number of issues. First,Orono Code prohibits structures within 75 feet o this protected tributary. Second,the bridge constitutes hardcover within 75 feet of the tributary,which is not allowed. Additionally,the bridge cannot be considered the equivalent of a stairway, lit,landing, or lockbox that would be allowed at the shoreline of a lake because it is not needed for access to the shore due to the presence of a bluff or steep slope. Also,the bridge would appear to function merely as an amenity to the property and does not provide necessary access to a portion of the property that is lacking accessibility because the property south of the creek can be accessed directly from the public roads in the immediate vicinity. There is also a concern that should the creek reach a level that would inundate the bridge of its underpinnings,the bridge could fail and be swept downstream and conceivably contribute to blockage of the culvert under Bayside Road,causing flooding. For all these reasons, Staff recommends that the proposed bridge not be allowed. The Planning Commission should consider the following issues: 1. Will the proposed home be compatible with the surrounding neighborhood? 2. What is the impact of the creek setback variance on hardcover? 3. How does the size of the proposed home impact location as it relates to the setback variances as well as the hardcover variances? 4. How may the hardcover impacts be offset? The applicants have proposed native plantings in conjunction with this project between the proposed home and the creek. Precedent has been set regarding approval of the requested lot area variances. The City routinely grants these types of requests when no other land is available for acquisition,the lot was legally created prior to adoption of the current zoning standards,and a house existing on the lot when the current zoning standards were adopted. Planning Staff recommends the following: 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. Page 5 MINUTES OF THE ORONO PLANI�TING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHWAITE, CONTINUED 4. Denial of the proposed creek, side and street setback variances as proposed. The footprint of the proposed home should be reduced in an attempt to meet some or all of the setback requirements particularly the creek setback. 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following: a. Reduction or reorientation of the size of the home to reduce the hardcover within 75 feet of the creek. b. Reduction of the proposed patios and vehicle courtyard as the Planning Commission deems appropriate. 1) Provision of mitigation measures including rain gardens and/or native vegetation areas between the home and the creek. 2) Patios, sidewalks,courtyard and driveway to be constructed using pavers. Jeremy Steiner,Attorney-at-Law, stated the applicants do not believe any significant changes to the footprint or orientation of the house are warranted or appropriate. Steiner stated the standards for granting a variance have been met based upon their hardship statement. Variances allow flexibility from the City's zoning ordinances when a lot is developed prior to the adoption of certain ordinances. This lot was created in 1942 according to the city's records. The need for the variances is that certain ordinances were adopted after the construction of the house. The current house and driveway both encroach on the creek. In addition, Stubbs Bay Creeks cuts across the south side of the property and the setbacks adopted by the City relative to the creek handicap the property owner. The applicant feels the extent of the variances and the size and orientation of the house are reasonable. The current house is 67 years old and has been abandoned for approximately the last two years. The house in its current state is a detriment to the neighborhood and a new house would be a benefit and a definite improvement. Steiner stated to his lmowledge the twenty or so letters received from the neighbors do not express any opposition and shows that this project is a benefit to the neighborhood. If the Huthwaites are not allowed to construct a reasonable home on the property,they will not be purchasing the property,and given the state of the real estate market,it is likely this property will remain unsold for a number of years. There currently is erosion and trees that are being undermined by the erosion,which will cause an issue in a couple of years. The applicants propose to improve that area,which will improve the water quality and make the area safer. Steiner stated he has been told the reorientation of the house will also help make access to the lot safer. The Huthwaites are proposing to reduce the hardcover in the area near the creek,which is also an improvement The plan has been very well thought out and is a significant benefit to the City. Rick Hendel,Builder, stated this is a difficult lot to work with and that they have attempted to design a house that would fit well on the lot and still be attxactive. The driveway is proposed to be located on the Page 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHWAITE,CONTINUED north end to stay out of the 75-foot setback and off of Bayside. The creek is not listed on the City's wetland inventory or the Minnehaha Watershed DistricYs wetland inventory, so they were not aware of that issue initially. The grading is designed to capture as much water and runoff as possible and away from the creek. The hardcover has been reduced in the 0-75 foot zone. The overall size of the house is less than what the Huthwaites had initially desired and located away from the neighbors as much as possible. They also are proposing to clean up the area near the creek and stabilize the slope. Kang asked whether Hendel is recommending the construction of the bridge. Hendel indicated the bridge is to provide a safe access point to the south portion of the lot. Huthwaite stated the creek cuts off the bottom right-hand side of the lot and that the bridge will give them access to that portion of the property without having to go on the roadway. Rice asked whether there was any attempt to comply with the setbacks in that area. Hendel stated they did attempt to orient the house and garage in a way to reduce the setbacks as much as possible, and that if they complied with the setbacks,they would only be allowed a one-car garage. Huthwaite stated they currently reside in Memphis and that they would like to move back to the Twin Cities. They have looked at a number of lots and feel this is a nice lot that they can construct a retirement home on. The proposed house is not a mansion but a reasonably sized home. A tremendous amount of time and money has been spent attempting to alleviate the problems with the creek as it relates to erosion and flooding. Huthwaite noted the structural coverage is approximately 10 percent. The neighbors have reviewed their plans and all have signed off on the project. The environment is being improved with this project and will also improve the tax base of the City. Huthwaite stated they would like the bridge for access to that portion of the lot and that they are willing to work with the appropriate authorities to construct something that would be approved. Kang asked whether Staff would like to see pervious pavers. Curtis stated she just specified pavers. Huthwaite indicated to his lrnowledge pervious pavers are more expensive but that he would be willing to entertain using pervious pavers on the patio. Steiner stated pervious pavers on the driveway would not be practical given Minnesota's winters. Chair Kang opened the public hearing at 7:35 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 7:35 p.m. Page 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN AUTHWAITE,CONTINUED Schoenzeit asked if the Minnehaha Watershed District or the governing authority would allow the property owners to extend a culvert and put some dirt in there in order to access that portion of the property. Curtis stated she does not lrnow what the most acceptable method of access would be and that would need to be pursued with the Minnehaha Watershed District. Huthwaite stated they did look at relocating the access to that area and installing a culvert but that they would prefer a bridge. Kang stated she likes the driveway off of Crestview and that she would like to see less encroachment to the setback from the creek. Huthwaite stated they did look at reducing the encroachment and that the house is angled at different areas to help alleviate the hardcover. Huthwaite indicated they could possibly reduce the width of the garage slightly as well as the courtyard parking area. Kang indicated she would prefer the encroachment be reduced. Hendel stated it is difficult to reduce the driveway any further if they want to accommodate vehicles being able to back in and out. Steiner pointed out the Huthwaites are doing a great deal to help improve the creek area. Berg asked what the square footage of the house is. Hendel stated it is approximately 2800 square feet and the garage is approximately 850 square feet. The lower level consists of 2450 square feet but will likely not all be finished. Huthwaite pointed out the 2800 square feet includes a master bedroom on the main level and that there is no second floor. Berg indicated she has a concern as it relates to the size of the house and the close proximity to the creek. Leskinen stated she also has a concern with the size of the house. Berg noted the City does not always grant variances and that the Planning Commission needs to look at the ordinances for this lot as they exist today since this is considered new construction. Schoenzeit stated this project is an improvement from what currently exists and that the lot has unique features which would be classified as a hardship. Rice stated the Planning Commission asks that the home fit the lot and that in her view the house could be reduced further to comply with the setback requirements. Kang commented the City of Orono places a high priority on water quality and hardcover. Page 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHWAITE,CONTINUED Schwingler stated the Planning Commission is a recommending body and that the City Council can override the recommendation of the Planning Commission. Schwingler noted this is a difficult lot and that it is a definite improvement over what currently exists. Schwingler stated he is in agreement that some type of access is needed to that portion of the lot but that he has a concern with the amount of hardcover in the 0-75 foot zone. Kang stated the Planning Commission would like to see more of the setbacks complied with and that the size of the house should be reduced. Berg noted there are two patios that are of good size. Hendel stated they did design a house that is below the 15 percent structural coverage limit and that they can look at the size of the patios. Hendel stated they feel this is probably the best solution. Kang asked whether they are willing to reduce the size of the house. Hendel asked how much they would like to see the house reduced by. Kang stated they would like to see more of the setbacks complied with. Steiner indicated it is possible to construct a house that complies with the majority of the setbacks but that they would not be able to comply with the 75-foot setback from the creek. Huthwaite noted this is a Manage 3 wetland,which is the lowest class of wetland, and that in order to comply with the setbacks,they have had to angle the house. Huthwaite noted they are at 10 percent structural coverage and that it is difficult to design a house to meet the setbacks given the setback to the creek. ' Berg commented the applicants need to design a house that will fit on the lot as best as they can. Curtis noted the garage is located entirely within the 75-foot setback. Hendel stated if the garage is located on the other side,it would eliminate the well and be within three feet of the neighbor's lot. If the driveway is reduced any further,it would make it impossible to maneuver a car in and out. If the house is located closer to the neighbor,it would also add more driveway. Steiner stated the creek is a natural feature on the property but creates a problem with the 75-foot setback. Kang asked if the applicant would like his application tabled or voted on tonight. Kang recommended the hardcover be reduced in the area near the creek. Steiner stated it is impossible to reduce all of the hardcover in the 0-75 foot zone but that they are willing to continue to talk to Staff. Schoenzeit concurred that this lot does have some hardships. Page 9 MINUTES OF THE ORONO PLANNING COA�INIISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHWAITE,CONTINUED Berg stated in her view the house should be reduced and that perhaps the applicants should consider constructing a second story with an elevator. Berg indicated she does not have an issue with the bridge. Curtis indicated it is Staff's recommendation that the bridge be denied and that she would like clear direction on each of Staff s recommendations contained in the report. It was the consensus of the Planning Commission that the bridge is not an issue. It was the consensus of the Planning Commission that a conditional use permit is required. It was the consensus of the Planning Commission that the lots be combined. Huthwaite indicated they will be combining the lots. It was the consensus of the Planning Commission that the size of the home be reduced and/or setbacks be more conforming. Hendel stated they have looked at a number of options for reducing the encroachments and that they are limited in what they can do. Leskinen noted the applicant did indicate he was willing to reduce the size of the garage slightly. Kang noted the Planning Commission did discuss reducing the patios and reducing the amount of hardcover in the area near the creek. Schoenzeit moved,Schwingler seconded,to table Application#09-3428,Michael and Marilyn Iiuthwaite,3382 Bayside Road. VOTE: Ayes 6,Nays 0. *4. #09-3429 KAREN FEYO,MARK FULLER& STACY NAKAYA,4055 ELM STREET, VARIANCE RENEWAL Berg moved,Leskinen seconded,to recommend approval of Application#09-3429,Karen Feyo, Mark Fuller,and Stacy Nakaya,4055 Elm Street,granting renewal of lot width and area variances. VOTE: Ayes 5,Nays 0. *5. #09-3430 WJM PROPERTIES,LLC,2605 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT AND SITE PLAN RENEWAL Berg moved,Leskinen seconded,to recommend approval of Application#09-3430,WJM Properties,LLC,2605 Wayzata Boulevard,granting renewal of an industrial site plan until December 31,2010. VOTE: Ayes 5,Nays 0. (Tess Rice leaves the meeting at 8:09 P.M.) Page 10 MINUTES OF THE ORONO PLAN1vING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. 6. #09-3431 WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT,8:09 P.M.—8:58 P.M. Peter Johnson,Attorney-at-Law, appeared on behalf of Wagener Properties,LLC. Curtis stated the applicant is requesting a conditional use permit to conduct land alterations in excess of 500 cubic yards in order to restore the property to its previous,pre-development grades. In 2006,the previous owners had received a building permit and associated land alteration permit in order to redevelop the property and construct a new residence. After the City issued the building permit the previous owners abandoned the project. Wagener Properties,LLC,is the new owner of the subject property and has requested a conditional use permit in order to restore the grade of the property. A new residence is not proposed at this time and the property owner proposes to remove the existing blacktop driveway. Planning Staff recommends approval of the conditional use permit in accordance with the City of Orono regulations and the City Engineer's recommendations. Peter Johnson stated fill has been imported on this lot to correct grades in the past and that the middle part of the property was scraped down in preparation for a foundation,which was later abandoned. The grading problems have actually gotten worse over the years. They would like to regrade the property with imported fill to restore the grade and top soil. Johnson stated the previous applicant paid fees of$10,000,with no project being completed,and that they would ask that their fees be waived in recognition of the fact that those fees have been paid by the previous applicant. Curtis requested that item be discussed with the City Council. Chair Kang opened the public hearing at 8:12 p.m. Mike Russin, 3175 North Shore Drive, stated the neighbors have eight or nine issues with the project. The proposal shows that 225 truck loads of fill will be required. The neighbors have a concern that that amount of fill and traffic on their common driveway(from North Shore Drive)will damage the roadway. The driveway is private and is the only access to their homes. The amount of truck traffic will also impact the value of their properties. Secondly,the City Engineer has expressed concern regarding drainage following the fill and no documentation has been submitted on how the issue with the slope will be addressed. There will be significant water issues given the substantial amount of fill that is involved,which could create additional water issues for the neighbors. There is also no mention of the length of time the proj ect will take and no mention of how the driveway will be kept clean. Finally,there is no remedy for any ancillary damage that may occur due to the size and scope of the project. The neighbors are requesting that an agreement be drafted amongst all parties that utilize the common driveway addressing these issues prior to any work being commenced on the property. Russin noted that Wagener Properties does have another access off of Bohns Point Road,which may be a better solution. Page 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING � Monday,October 19,2009 6:30 o'clock p.m. #09-3431 WAGENER PROPERTIES,CONTINUED Russin stated he would like to clarify that there is still an ongoing dispute between the properly owner of 3155 and Wagener Properties. The plans submitted are misleading in that the fence lines would block the residents at 3155 from accessing their own driveway and also prevent emergency vehicles from entering and turning around. Russin stated they would like to know exactly what is being proposed for this property and how it will impact their properties. Sever Peterson 3145 Northshore Drive, stated he shares the same concerns as his other neighbors and that he would have fewer concerns if the access off of Bohns Point was utilized. Johnson pointed out they are proposing to use the Bohns Point access,not the North Shore access. Peterson stated he would still have a concern regarding the drainage following the placement of the fill and that he would like the City to ensure that no drainage goes on to the neighbors' properties. Currently they do not experience any runof£ The common driveway requires some patching and he is not sure how that will be handled. Peterson indicated he attempted to reach the owners twice to discuss the possibility of a gate to see if they are interested in erecting one and received no response,which has raised a concern about his ability to work with Wagener Properties. Catherine Russin stated she is unclear about how the fill is going to look after it is brought in. Russin stated 225 truck loads is a lot and that construction is messy and noisy. Russin expressed a concern about the drainage. They have lived there for 15 years and nothing has been done to the property except for fill being brought in and dirt being pushed around. They would like clarification on how the property is going to look after the dirt is brought in since they have not seen any plans. Russin stated following a heavy rain,the whole front of the property is filled with rain. Mike Russin stated depending on how the property is filled,you could have a gully at a 45-degree angle, which would allow the water to run into the neighboring property. Catherine Russin stated she would like to be assured that proper drainage and grading is going to be done as part of this project. Curtis asked whether they have reviewed the City Engineer's comments and recommendations. Catherine Russin stated they have only seen the packet of information that was available last week. Curris stated the City Engineer has reviewed the plans for drainage that may impact the adjoining properties. The City Engineers have made recommendations regarding the number of truck loads and the route to be used. The drainage impact to 3155 North Shore was also corrected and addressed by the applicant. Catherine Russin stated they have not been kept informed of what is being proposed for this property and that they would like to know what is going to happen. Page 12 MINUTES OF TI� { ORONO PLANNING COA�IlVIISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. � #09-3431 WAGENER PROPERTIES,CONTINUED Curtis suggested that the neighbors could meet with the City Engineer on what is being proposed for the property and possibly review topographical information on the adjoining properties to see how it will impact their lots. Johnson stated as it relates to the contact with the neighbors,he was unaware that they had attempted to contact him and he apologizes for that. The intention of the property owner was to get the process started shortly after purchasing the property but that a boundary dispute did arise and the properly owners have been dealing with that. They are currently in the process of fine tuning the details of an agreement,which relates primarily to the lakeshore by the Mandel home, and they are not proposing any fill in that area. Johnson stated there currently are erosion issues and ponding water which needs to be addressed. The appearance of the fill is designed to continue the current look of the front of the property. The haul road will be over the Wagener's existing property and not the common driveway. Before the Munsons were issued their permit to construct a home and bring in the fill over the North Shore Drive access, a maintenance agreement was required and was executed by the neighbors. There is a common driveway access easement out to North Shore and that the agreement requires that whoever damages the driveway must repair it. They are planning on utilizing the Bohns Point access, so that should not be an issue. Johnson stated the Mandel's driveway, as you enter from North Shore, does utilize a small corner to turn vehicles around,which is not an issue tonight. The fence is not a part of the application tonight. As outlined in the City Engineer's report,the Wagener property,which is the low property in the neighborhood,will continue to accept drainage from all adjoining property owners and convey it to the lake,not the neighboring properties. They will be using the Wagener property for the haul road. The City Engineer has requested that they identify best practices as part of their application,which has been submitted. Erosion control measures have also passed the City Engineer's inspection. Catherine Russin pointed out the location of their property in comparison to the Wagener property. Currently there is a gully on the Wagener property and Russin asked what will happen with that gully and whether the dirt would be brought level with their property. Johnson indicated there will be a berm and a drainage swale created,which will handle the runoff from the Russin property down to the lake. Catherine Russin pointed out they have a number of plantings in that area and asked whether any work will be done on their property. Schoenzeit stated the applicant's plan does show the proposed grading and drainage and that drainage does not appear to be an issue for the Russin's property. , Mike Russin asked how much dirt is being added next to the property line. Kang stated it appears that there needs to be better communication with the neighbors and that perhaps this application should be tabled. Berg asked whether this is the same plan that was approved previously. Page 13 MINUTES OF THE ORONO PLANNING COMNIISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3431 WAGENER PROPERTIES, CONTINUED Curtis stated this is less than what was originally proposed. Berg stated she does not feel this is the venue in which these issues should be resolved and that the application should be tabled. Catherine Russin stated they did not lrnow about this until they were notified by the City. Russin indicated they would appreciate the opportunity to discuss what is proposed to be done with the applicant. Curtis stated Staff could set up a meeting with the neighbors and the City Engineer and perhaps the applicant's engineer prior to the city council meeting. Schoenzeit noted there has been a review done by the City Engineer and that he has approved the work. Kang suggested that the Planning Commission move this forward and that a meeting be arranged with the neighbors. Catherine Russin asked what would happen if they still had concerns following the meeting. Kang indicated they could appear before the City Council. Johnson stated he is willing to meet with the neighbors individually and explain as best he can what is provided for in the drainage plan and the best practices plan and erosion controls that are being proposed. Johnson stated he was not aware of the neighbors' concerns until tonight. Johnson requested the Planning Commission move this application forward. Peterson requested the application be tabled until the issues are resolved. Berg stated the Planning Commission does understand what is being proposed,but that the motion could be contingent upon the applicant's engineer or representative meeting with the neighbors. Peterson asked why this is being moved forward if the neighbors' concerns have not been addressed. Berg noted meeting with the neighbors would be a condition of the motion, and that if they feel their issues have not been addressed,they can address the City Council. Berg stated the Planning Commission understands what is being proposed and that the City Engineer has reviewed and approved the work. Schwingler stated the public notice is part of standard procedure and that the issues raised by the City Engineer were addressed in a revised plan. Schwingler recommended the neighbors meet with the applicant's representative and the City Engineer. Chair Kang closed the public hearing at 8:49 p.m. Berg moved to recommend approval of Application#09-3431,Wagener Properties,LLC,3165 North Shore Drive,granting of a conditional use permit,in accordance with the City Engineer's recommendations,subject to the applicant and/or his representatives meeting with City Staff,the City Engineer, and the neighbors prior to the next City Council meeting. Page 14 , � i MINUTES OF THE • ORONO PLANNING COMMISSION MEETING ' Monday,October 19,2009 ' 6:30 o'clock p.m. Curtis requested the neighbors contact her if they do not hear from the applicant. Schoenzeit seconded the motion. VOTE: Ayes 5,Nays 0. 7. #09-3432 CHRIS GERARDI, GENERAL MANAGER ON BEHALF OF WAYZATA COUNTRY CLUB,200 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT AMENDMENT,8:54 P.M.—8:58 P.M. Bob Distal, Golf Course Superintendent of Wayzata Counhy Club,was present. ' Curtis stated the Applicant requests approval of the construction of an addition to be constructed on to the existing maintenance building at 430 Old Long Lake Road. The existing country club maintenance building on the south side of the Luce Line has existed on the site for many years. The existing building contains one bathroom. The number of employees utilizing the space in this building has increased and subsequently the need for additional office space and additional bathrooms has increased. The owner proposes to utilize a manufactured building as a temporary addition to the existing building in order to solve the immediate space issues while they work out a long-term solution. The addition is approximately 960 square feet in area and is proposed to fill in the notch in the northwest side of the existing building. The addition would be no closer to the adjacent homes or the Luce Line Trail than the existing building. The property is not subject to hardcover regulations. Planning Staff recommends approval of the conditional use permit for the addition to the maintenance building. The addition should be painted to match the existing building. Additionally,the City's septic manager must approve the location of the building in relation to the existing septic tank location. Distal indicated he is in agreement with Staffls report. Kang asked whether he has received a copy of the letter from the DNR. Distal indicated they did and that their setbacks are within the guidelines of the state. Chair Kang opened the public hearing at 8:58 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 8:58 p.m. Leskinen moved,Schoenzeit seconded,to recommend approval of Application#09-3432,Chris Gerardi,General Manager,on Behalf of Wayzata Country Club,200 Wayzata Boulevard,granting of a conditional use permit amendment,subject to the recommendations of Staff. VOTE: Ayes 5, Nays 0. Page 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. PLANNING COMMISSION COMMENTS 8. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS SEPTEMBER 28, 2009,AND OCTOBER 12,2009 Curtis reported at the October 12"'City Council meeting the David Fox application was approved and the Anderson application on Crystal Bay Road was approved. In addition, the Harvest Moon application was approved and the Ebertz application was tabled. The City Council directed that the gate meet the 40-foot setback and recommended that the Ebertz erect a fence enclosing a portion of their property. 9. OTHER ISSUES FOR DISCUSSION None 10. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON OCTOBER 26, 2009,AND NOVEMBER 9,2009. October 26, 2009—Schoenzeit November 9, 2009—Kang ADJOURNMENT Berg moved, Schwingler seconded,to adjourn the Orono Planning Commission meeting at 9:08 p.m. VOTE: Ayes 5,Nays 0. / � �� � Kim Kang, Chai Page _ _. __ _.... .._ __ _._ _._.. _ ......... _... 16