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HomeMy WebLinkAbout05-16-2016 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 dclock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Kevin Landgraver, Denise Leskinen, Chad Olson, Loren Schoenzeit and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Members Dennis Walsh and Lizz Levang were present. Chair Thiesse opened the meeting at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA *1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF APRIL 18,2016 Schoenzeit moved,Landgraver seconded,to approve the minutes of the Orono Planning Commission meeting of April 18,2016,as submitted. VOTE: Ayes 6,Nays 0. NEW BUSINESS 2. #16-3826 STONEWOOD,LLC, ON BEHALF OF CHUCK AND TERRI LAHR, 895 TONKAWA ROAD,AFTER-THE-FACT CONDITIONAL USE PERMIT,6:33 P.M.—6:38 P.M. Nate Mitchell, Stonewood, LLC, was present. Curtis stated the propetTy owners own the subject property located at 895 Tonkawa and the adjacent property to the north at 875 where their new home is under construction. Fill material primarily resulting from the excavation of the new home on 875 Tonkawa was distributed on the property at 895 with the intent of creating two approximate 4-foot tall berms in the center of the property and along the south property line of 895. Because the fill results in approximately 3,000 cubic yards of material, exceeding the administrative 500 cubic yard limit and because the fill has already been deposited, an after-the-fact conditional use permit is required. Approval of a CUP for grading and a grading plan approved as part of the creation of a new subdivision are the two options for officially changing the existing grade of a property. The applicant has not requested specifically to alter the existing grade for the purposes of structure in the future, but approval of the CUP will establish a new existing grade on the property. This is a critical component for measuring height and massing for a new home. The import of fill material to the properly could very likely allow a taller home to be built or possibly a home with a walkout basement that currently would be considered a story. The City Engineer reviewed the plan and his comments are included in the packet. Staff recommends approval of the after-the-fact conditional use permit with the following conditions: L The applicant must comply with the City Engineer's recommendations; Page 1 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. 2. The applicant must comply with all required permits, including the Minnehaha Creek Watershed District; 3. The applicant must protect the existing mature trees on the property beyond the scope of the grading; and 4. The applicant must protect the integrity of the bluff and bluff vegetation. The Planning Commission had no questions for Staff. Mark Hauri, landscape architect, stated he is working with Stonewood on this property, and that he would be able to answer any questions the Planning Commission may have. Thiesse stated he did walk the property and that it appears that the berm to the southerly side is the highest portion of the land and that the berm in the middle does not appear to be there. Hauri stated the berm in the middle will eventually get done. Hauri stated when the driveway apron is excavated, more fill will be generated and will create the middle berm. The southern berm will be completed with the fill that is on site currently. Thiesse asked if the swale will also be completed. Hauri indicated they are going to be grading that out hopefully by the end of the week if it dries out. Schoenzeit asked if any imported material will be required. Hauri stated all imported materials in terms of large quantities of dirt will consist of three more trucks of top soil when the sod is completed on Lot I. Hauri indicated that should be the only imported fill and that no more fill is needed to build berms. The driveway will have ballast placed on it. The proposed driveway is not there currently but the grading for it has been completed. Hauri indicated they are currently using a construction entrance, which will be closed in approximately three weeks, and that they will likely need three to four loads to complete the driveway. Then in the late fall a single lift of asphalt will be put down, with the final coat being put down next spring. Chair Thiesse opened the public hearing at 6:37 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:37 p.m. Schoenzeit moved,Landgraver seconded, to recommend approval of Application No.#16-3826, Stonewood,LLC,on behalf of Chuck and Terri Lahr,895 Tonkawa Road,After-the-Fact Conditional Use Permit,subject to recommendations of the City Engineer and Staff. VOTE: Ayes 6,Nays 0. 3. #16-3827 RICK DENMAN ON BEHALF OF DDK,LLC,2525,2535,AND 2545 SHADYWOOD ROAD, SKETCH PLAN,6:38 P.M.—7:12 P.M. Page 2 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Rick Denman, Applicant,was present. Barnhart stated this is a sketch plan for a seven unit single-family residential development, with access provided by a new cul-de-sac off of County Road 19. The site currently consists of three lots. The proposed lots range in size from 0.16 acres to 039 acres. Outlot B is the cul-de-sac street, which will be eliminated, and Outlot A is shown protecting the wetland that is on the southern half of the lot facing Kelly Avenue. The property is currently zoned for business use. The Comprehensive Plan identifies this property, or at least the property adjacent to Shadywood, as mixed use, with a density range of 4-15 units per acre. The Comprehensive Plan also shows low-medium density residential along Kelly Avenue, primarily within the wetland. To allow this project,the property would need to be re-guided and rezoned. The proposed development is not consistent with the Comprehensive Plan's guidance for the property because the density is too low. The rezoning process would occur concurrently with preliminary plat review. The project will likely be developed as an RPUD, with several variances likely being required. The applicant is proposing single-family residential with a full basement and floor layouts are included in the Planning Commission's packets. One of the things Staff and the applicant are looking for is feedback on the concept plan. The Planning Commission had no questions for Staff. Rick Denman, Charles Cudd Company, indicated he would be able to answer any questions the Planning Commission may have. Schoenzeit asked what the price range of the homes will be. Denman indicated the homes would range between $650,000 and $750,000. Schoenzeit asked if there is a demand for this type of housing in Orono since it is not located on the lake. Schoenzeit noted there are a substantial number of homes in the same price range being built not far from this area. Denman stated they currently have a villa neighborhood that they are constructing in Medina and that he would welcome the Planning Commissioners to take a look at it. The design for this parcel is similar and is targeting the empty nester, which has a strong demand. Thiesse requested Staff discuss the Comprehensive Plan and the recommended changes to it. Barnhart stated the purpose of the Comprehensive Plan is a long-range vision for the area to look for appropriate projects that fit with those goals. The property currently is zoned business. The Navarre plan identified a potential for mixed use on this site in order to meet some density goals of the City. The idea was that these areas had the potential for redevelopment, which would call for mixed use. Barnhart stated the challenge is that mixed use generally requires higher density to accommodate the expense of acquisition, clearing of the land, and the different developments. This project does not have those expenses. There are currently 27 or so acres in the Navarre mixed use area identified for 10 units Page 3 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. per acre. Barnhart stated this proposal would not be meeting the City's goals based on the current plans but that he is comfortable the City can make up the three acres somewhere else. The question for the Planning Commission is whether this is an appropriate use for the property. Landgraver asked if the mixed use is specific to a certain portion of the site. Barnhart stated the City has identified a potential for redevelopment when it is listed as mixed use and that it could be commercial or something else. Leskinen noted a few years ago a memory care facility was discussed for this site,which was fitting for this location. Leskinen stated in her view seven homes crammed into a few acres does not meet the City's density goals and that she is not sure about changing the zoning for this particular property given the fact that there is a church next to this property and a couple of grocery stores nearby. Leskinen noted this area also has a substantial amount of traffic. Schoenzeit asked if this project is far enough along to ask Hennepin County about the access. Barnhart stated it is not but that Staff has been meeting with them on a couple of other projects and that they have informally indicated they would not be opposed to it. Thiesse stated the guided use is greater than what is being proposed and that he would be surprised if Hennepin County would be opposed to it. Barnhart stated as this segment of Shadywood develops or redevelops,the accesses for the church,the subject property, and the former Freshwater parcels will be consolidated and coordinated, which will help to reduce the turning movements in that stretch of roadway. Hennepin County is supportive of that coordination. The proposed access also closely lines up with a future shared access for the Freshwater properties. Landgraver asked if the applicant has considered increasing the density, such as having a townhome or two. Denman stated from an economic standpoint,the risk goes up when the homes are attached. Denman stated from a marketing and financial standpoint, it is easier to construct single-family homes. Thiesse asked how the stormwater would be treated before reaching the wetland. Denman indicated there would likely be a stormwater pond in the corner but that the engineering has not been completed at this point. Thiesse asked what zoning would apply if the lots are combined. Barnhart stated as part of the process,the platting, rezoning, and Comprehensive Plan amendment would all be done at the same time. Leskinen asked if this proposal would require approval by the Metropolitan Council. Page 4 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Barnhart indicated it is Staffls belief that it will. Barnhart stated the Metropolitan Council recognizes the market demands and that they just want to make sure the City provides the opportunity for higher density. Staff will be looking for other areas of the City that could be developed at a higher density. Schoenzeit asked if there is any opportunity to include any of the neighboring property to avoid the orphaned sections. Denman stated the church is next door, with single-family residential next to that and does not connect due to the wetland. Denman stated he is not sure what property he could combine with it. Thiesse stated what he likes about this is the fact that there is residential to the south, with no entrances or exits on Kelly. Thiesse stated it seems to be a relatively good start to a compromised transition zone for this area. Schwingler indicated he is in agreement with that. Schwingler stated the issue of density has to be taken into account along with the traffic. Schwingler stated not hitting the density goal is a good thing in a way. Schwingler asked if finding the other three acres elsewhere in the City would be difficult. Barnhart stated in his view Staff would be able to find three acres elsewhere. Thiesse asked whether the applicant would like direction on any specific items. Denman stated they would like to construct a berm with fencing along County Road 19. Denman stated they do want to create a buffer zone along County Road 19 with landscaping and a fence. Leskinen asked if Charles Cudd would be the sole builder of the property. Denman stated that is their intention currently. Barnhart stated Staff would like to see some buffering to separate the living space from County Road 19. Denman stated this is a good location for the product. Denman stated if the Planning Commission has any concerns about small homes on small lots, he would encourage them to visit some of their other sites that they have developed. Denman stated on the west side of the Medina Country Club there are two model homes that are both villas that are on 55-foot lots. These are 50-foot lots but the setbacks are the same, with 14 feet between the buildings at a minimum. Thiesse noted since this is a sketch plan, a public hearing is not required. Barnhart noted the City did receive a comment that has been distributed to the Planning Commissioners. The first concern related to the wetland and the other concern related to the wildlife areas that will be impacted. At the time of preliminary plat,there will be a public hearing. Barnhart stated he expects an application in August, with the public hearing likely occurring in September. As part of that application there will be a rezoning request. Landgraver noted these units would likely not qualify for affordable housing. Landgraver asked whether the Planning Commission should discuss affordable housing. Page 5 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Barnhart indicated affordable housing is a goal of the Comprehensive Plan and that these homes would not be considered affordable homes. Barnhart stated if affordable housing is a goal of the Planning Commission, this would be the time to discuss that. Schoenzeit stated in his view whenever residents come to a meeting, they should have a chance to speak even if a public hearing is not required. Thiesse asked whether anyone from the public would like to comment on this item. No public comments were received. The Planning Commission took no formal action on this item. 4. #16-3828 CITY OF MEDINA ON BEHALF OF STONEGATE FARM, LLC,2940 SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT AND WETLAND REZONING,'7:12 P.M.- 7:25 P.M. Andrew Biggerstaff, Kennedy&Graven, Steve Scherer, City of Medina, and Jennifer Haskamp, Stonegate Farm, LLC, were present. Gaffron stated Stonegate Farms is proposing a development in Medina that would consist of a 40-unit single-family development in Medina. The development would connect from Deer Hill Road to the Orono property. Requested are conditional use permits for land alteration and wetland filling as well as a rezoning to remove the portions of wetland to be filled from the Wetland Overlay District in order to construct a public road to serve a 40-unit single-family development in Medina. The conditional use permit is based on the amount of earth movement needed for road construction on the Orono property. The total amount of fill in Orono is estimated at 8,300 cubic yards for the road construction plus 1,800 cubic yards for a turn lane on Homestead TraiL The proposed location for the access to Homestead Trail was dictated by the extremely sloped topography further north. The overall road design was reviewed and approved by Medina. While the proposed road is 24 feet in width, if this was to be a public road under Orono's standards, the required width would be 32 paved feet. The extra eight feet in width would provide for additional on-street parking. The segment of road in Orono is fairly remote from any proposed homes, likely making the extra width unnecessary. The proposed connection to Deer Hill Road at the northern end of the development in Medina will make this is through road. It is anticipated that a future spur off the new road to serve future development of the Orono property would likely be a private road under Orono's zoning. That spur as currently depicted would not be built at this time, but its location suggests future additional wetland impacts in Orono which might be avoided by locating it west of the wetland outlot at the time the Orono property develops. The Watershed District has reviewed this application as well as the LGU. In this situation, Medina is the Local Government Unit for administering the Wetland Conservation Act rules in Medina. Both parties have approved the proposed layout, which minimizes the impacts on the wetland. All mapped wetlands in Orono are, by definition, within the Wetland Overlay District. The applicant has requested a conditional use permit from Orono for wetland alteration in order to construct the road. Filling of wetland for any purpose is not a permitted use within the Wetland Overlay District, and filling of wetland for road construction purposes is not an allowed conditional use. The solution to this is to Page 6 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. remove any areas that are to be filled from the Wetland Overlay District via rezoning. Mitigation for wetland fill must occur within Orono unless approved by the CounciL It is Staff's opinion that the mitigation proposed within the overall project site should be acceptable to Orono and Staff recommends Council approval. It is the opinion of Staff that the land alterations, including road construction and wetland fill, are unavoidable based on topography, wetland locations within the site, and the relative lack of public road frontage available to serve the Medina development. The plans appear to minimize the impacts to the wetland in Orono by limiting the amount of filling necessary through the use of retaining walls. Drainage is not anticipated to be negatively affected, and the impacts to neighboring residential property are expected to be minimal, if any, except for the potential need to screen the property at 1180 Homestead Trail from headlights of vehicles exiting the new road. Road construction and development of approximately 40 new single-family homes will likely result in a significant increase in traffic on Homestead Trail, but this is tempered by the fact that Homestead Trail is a county road and the surrounding area is not densely populated. Staff recommends approval of the requested conditional use permits for land alteration and wetland filling subject to the following conditions: 1. The applicant is to provide Orono with a copy of the executed road easement document. 2. Resolution of the conditional use permit approval shall memorialize the intent and expectation of future road maintenance to be by the City of Medina. 3. Approval of the 24-foot paved width rather than 32 feet required by Orono Code for a public street. 4. Future spur road connection to be reconsidered at the time the Orono property is developed for residential use, with a goal of minimizing additional wetland impacts. 5. Acceptance of wetland fill mitigation per the proposed plans, including wetland improvements to Wetland G3 within the development site in Medina. 6. Expectation that the road will be platted at the future time the Orono property is developed for residential use. 7. Subject to the applicant addressing how visual impacts of headlights to the property on the west side of Homestead Trail will be mitigated. 8. Subject to appropriate agency permits, erosion controls, temporary easements, and road marking and signage. 9. Subject to submittal to Orono of as-built drawings for the Orono segment of the project. 10. Concurrent with final conditional use permit approval by the Orono City Council,the portion of wetland being filled in Orono to be rezoned so as to not be within the Wetland Overlay District. Page 7 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Leskinen asked if filling the wetland will cause the runoff to back up to the east. Gaffron indicated it should not. Gaffron noted some retaining walls are being proposed, with a culvert to maintain the flow through there. Landgraver asked if the future spur road will be maintained by Medina. Gaffron stated it likely will not and that it will potentially become a private road for the section located in Orono unless Medina is convinced to maintain that road. Landgraver commented it would be odd that it becomes an Orono road if it is accessed through Medina. Leskinen asked if there are any concerns with the width of the road and it setting a precedent. Gaffron stated if the road were to be maintained by Orono,there would be a concern, particularly if there were a number of homes located on the road,but it is unlikely very many homes will be located on the Orono section of the road. Landgraver asked if that is also going to be the main construction access. Gaffron stated it will be and that the City of Medina has said they do not want the construction access off of Deer Hill. Medina has indicated there should be an expectation by the developer that all construction traffic will primarily use Homestead Trail for access and that Homestead Trail is a county road. Thiesse noted Orono would not have any control over that anyway. Gaffron stated the developer and Medina have been working with Hennepin County regarding access. Gaffron noted the road will be located over an easement that will be granted by the developer. When this properly develops, it is the City's expectation that it become a platted public road located in an outlot. Landgraver noted that section of the roadway is 55 miles an hour and is located near the school,which could raise some safety concerns. Andrew Biggestaff, Kennedy and Graven, stated his firm represents the City of Medina and that he would be available to answer any questions the Planning Commission may have. Schwingler asked if the access point has already been staked out. Jennifer Haskamp, Planning Consultant, stated the center line of where the road is located on 201 has been staked. In addition, representatives from Hennepin County have been out to the site to talk about the location of the access with respect to sightlines to the north and south. Haskamp stated one of the things Hennepin County was looking for some brush and tree removal in the right-of-way near the curve. If those were removed,there would be plenty of sight distance adequate to make the turning movement in and out. Haskamp stated the other stakes on the property identify the utility easements. Haskamp stated from the property line to the south approximate(y 70 feet is one easement, which contains the overhead power lines, and then there is an underground utility easement. Haskamp indicated she also met on site with Page 8 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Wright-Hennepin, who is the owner of the underground utility. Wright-Hennepin stated due to the slope and how the ground goes north,there should be no problem with the grading plan as designed. The other stakes identify where the road would be crossing the easement. Landgraver asked if the applicant has any issues with Staffls recommendations. Biggerstaff stated the City of Medina is satisfied with the conditions. Chair Thiesse opened the public hearing at 7:19 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at p.m. Schoenzeit commented the proposal seems reasonable if Medina is going to maintain the road. Thiesse noted the City of Orono has wetland buffers and part of the reason for the buffers is to preserve the conveyance of water and also to protect the corridors for the wildlife. Thiesse stated in his view he does not believe a 2l-inch, 100 feet long culvert is very conducive to that. Thiesse asked if any of the Commissioners have any suggestions on what could be done. Landgraver noted that is typically not discussed in other applications. Thiesse commented it is a fairly nice corridor and that it should at least be considered. Thiesse stated the other item he had is that the proposed road on the site plan should be removed since it might give the impression that Orono has approved it. Thiesse stated since the Planning Commission is looking at it right now, it might be construed as the City blessing it and that he would prefer it be taken off the plan. Thiesse indicated he would also prefer it more to the west. Gaffron stated he does not disagree with that, but noted there is an existing field crossing at that location. Thiesse stated the applicant can certainly come back with it at a later time but right now it is not part of the Planning Commission's consideration. Landgraver stated Item No. 4 under Staff's recommendation likely covers that. Gaffron stated it could say that Orono does not expect them to do any construction of any kind on that section of the roadway. Thiesse stated his concern is who will mitigate the wetlands. Gaffron stated this property has nine acres of wetland and that there are plenty of opportunities to mitigate. Leskinen moved,Landgraver seconded,to recommend approval of Application No. 16-3828, City of Medina on behalf of Stonegate Farm, LLC,2940 Sixth Avenue North,Conditional Use Permit and Wetland Rezoning,subject to Staff recommendations. VOTE: Ayes 6,Nays 0. Page 9 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. 5. #16-3829 B.JOHN AND SARAH LINDAHL,2465 AND 2485 NORTH SHORE DRIVE, LOT LINE REARRANGEMENT, 7:25 P.M.—7:35 P.M. B. John Lindahl, Applicant, was present. Gaffron stated the applicants are proposing a lot line rearrangement between the two properties they own on North Shore Drive. The proposal is to relocate the shared lot line between these two developed properties resulting in a better balance of gross lot area and creating conforming side setbacks for the existing residence and barn at 2465. Both lots are substandard for the 2-acre zone. In terms of dry buildable lot area, neither existing lot is conforming to the 2.0 acre minimum and neither will become conforming as a result of the rearrangement. In terms of width, 2485 remains conforming at both the OHWL and at the 75-foot setback line,while 2465 remains nonconforming, becoming two feet narrower at the OHWL but seven feet wider at the 75- foot setback line. Both properties remain conforming as to hardcover and lot coverage. The lot line rearrangement will result in the need for modifying the existing driveway easements between the properties. The applicants have submitted legal descriptions to accomplish this. New deeds must be created for both properties reflecting the new legal descriptions. Staff recommends approval of the lot line rearrangement. Thiesse asked why the applicants are doing this. Gaffron stated the applicants own both properties and that the applicant could better address that. John Lindahi, Applicant, stated he is hoping to sell the lot at 2485 and make the existing property conform at least in terms of setbacks. Lindahl indicated he would like to downsize. Chair Thiesse opened the public hearing at 7:28 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:28 p.m. Leskinen stated it seems pretty straight forward. Leskinen stated ordinarily there would be some concern over a lot line rearrangement and creating nonconforming lots, but both lots will still be nonconforming, with increased conformity with respect to setbacks. Gaffron indicated they are also straightening out the dry buildable area a little bit better. Gaffron stated the lot is currently legally nonconforming due to its age. Thiesse asked if there is a reason that line needs to be straight. Gaffron stated it does not have to but that he is not sure there is any value to it. Lindahl stated they simply used the marker that was there to draw the line. Page 10 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 dclock p.m. Landgraver moved,Leskinen seconded,to recommend approval of Application No. 16-3829,B. John and Sarah Lindahl,2465 and 2485 North Shore Drive,lot line rearrangement,subject to Staff recommendations. VOTE: Ayes 6,Nays 0. 6. #16-3830 ZEHNDER HOMES,INC., 1255 DICKENSON STREET,VARIANCES,7:35- 7:56 P.M. Eric Zehnder, Applicant, was present. Gaffron stated the applicant is requesting variances for lot area, lot width, front setback, side setback, side street setback and structural lot coverage for construction of a new residence on the currently vacant property. The property previously contained a home which was demolished in 201 L The lot is just under 1/3 acre in the RR-1 B 2-acre zone and is a corner lot with the Keene Avenue frontage defined as front. Developed lots in the Minnetonka Bluffs neighborhood range from approximately one-tenth of an acre to just over one acre in area. The property is located in Hardcover Tier 3, which would allow 35 percent hardcover. The proposed 14' x 15' deck extending from the main floor has a railing height of approximately 6.5-7.5 feet above existing grade and therefare counts toward the lot coverage limits of 15 percent. The applicant proposes to construct the home to meet the hardcover limit. Because the applicant's surveyor failed to account for the deck in his structural coverage calculation,the applicants would be at 16.6 percent where only 15 percent is allowed. Gaffron stated absent setback variances, the allowable building envelope for this lot is 20 feet wide and 35 feet long, which would likely result in a narrow, tall, boxy residence with a 700 square footprint and a detached garage that would be tucked into the southwest corner of the site. Driveways are required to be located at least 100 feet from an intersection. The proposed driveway is located approximately 40 feet south of the Dickenson/Keene intersection. Given that there are only three other homes on Keene Avenue and no possible way for that to become a through road or add more homes, this is likely not a significant concern but would be subject to review by the Public Works Director. Staff is recommending approval of the lot area and width variances. Schoenzeit asked if the surface of the deck is below six feet. Gaffron stated technically the code says the deck height is measured to the top of the railing and because that height exceeds six feet it would be calculated as part of the lot coverage. Gaffron stated the Planning Commission will need to discuss whether there is any justification to grant the variance for the deck. The main floor level of the house is a couple of feet above the highest existing grade on the property, which occurs between the deck and Dickenson Street.. Landgraver asked if Staff knows the lot coverage for the previous application. Gaffron indicated he has not done that calculation. Gaffron stated if you compare the old house with the proposed house, it appears there was more structural coverage on the property in the past but that would need to be calculated to verify it. Page 11 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Landgraver questioned whether that is a factor to be taken into account here. Eric Zehnder stated he understands everything is based on existing grade but noted that the grade at the deck will change by a couple of feet since there is a negative grade towards the house. Zehnder noted the elevations are not accurate per grade on the plans. Gaffron indicated there will be some fill to facilitate drainage. Schoenzeit noted hardcover is under the allowable amount. Chair Thiesse opened the public hearing at 7:43 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:43 p.m. Schwingler commented it is an odd location for a house on a dead-end road and that the house really is not visible. Thiesse stated the back lot line elevation is at 974' and the garage was at 966' and that the neighboring property cannot see the deck. Thiesse stated a person cannot see the deck from anywhere. If the deck is lowered three steps, it would be compliant but would be harder to use. Thiesse stated he is not sure why the City should make someone make a deck more difficult to use. Leskinen stated there may have been more structural coverage on the lot previously than what is being proposed. Schwingler commented there is also plenty of privacy in the neighborhood. Leskinen asked if it rises to the level of a practical difficulty to grant a variance. Thiesse stated going up and down three steps in his view would constitute a hardship but not necessarily a practical difficulty. Schoenzeit stated if the deck were lowered three steps,the hardcover and structural coverage numbers would be met but it makes it more difficult to use. Landgraver noted this is a clean slate development and the Planning Commission has always been preriy strict on the 15 percent structural coverage limit. Landgraver stated he is not sure the Planning Commission should just be focusing on the deck as it relates to the structural coverage. Schoenzeit stated the grading could be changed to make the deck a patio. Landgraver stated other applicants have come before the Planning Commission and they have been held to the 15 percent structural coverage limit. Thiesse noted if the house were reduced, it would likely require a complete redesign of the house. Page 12 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 dclock p.m. Eric Zehnder stated they tried very hard to reduce the structural coverage of the house, and when he asked about the rules, he either misunderstood or the height of the deck was not discussed. Thiesse asked what the ramifications are to lowering the deck. Zehnder stated it would result in a couple of steps down. The garage will also be a couple of steps down. Thiesse stated he believes in having a structure there,and whether it is three feet lower, it will still be the same structure. Thiesse stated anyone who could see it previously will still see it but anyone driving by will not see it. Thiesse stated he can justify the variance in his mind but that he cannot think of a practical difficulty. Landgraver stated he still tends to stick with the 15 percent since this is a clean sheet. Schoenzeit stated since the hardcover is lower than what is allowed, that could be one justification for the structural coverage overage. Schoenzeit stated in his opinion the steps are a nuisance and a safety issue. Schwingler commented the steps would be impractical. Schoenzeit stated the concern is if it is okay in this case, the next guy could simply forget to include the deck and then come back later and request additional structural coverage. Thiesse stated this is a very rare case where you have a deck and nobody knows it is there, but if it is lowered a foot and a half, it is okay. Thiesse noted the Planning Commission is only a recommending body and that their decision can be overturned. Schoenzeit moved,Olson seconded,to recommend approval of Application No. 16-3830,Zehnder Homes,Inc., 1255 Dickenson Street,granting of lot area,lot width, front setback,side setback,side street setback, and structural lot coverage variances,with the practical difficulty being the need for steps if the variance is not granted. VOTE: Ayes 5,Nays 1,Landgraver opposed. 7. #16-3815 CITY OF ORONO,ZONING CODE AMENDMENT REGARDING THE DEFINITION OF HALF-STORY AND THE REGULATION OF MASSING,7:56 P.M.—8:03 P.M. Curtis stated at the April Planning Commission meeting, a public hearing was held to discuss the possibility of amending the City's massing regulations. Two options were discussed and the amendment was tabled. The Planning Commission should re-open the public hearing, receive any new feedback from the public, and then discuss the two options. During the May work session,the general consensus of the Planning Commission was to proceed with Option 1. The two options are as follows: Option 1: Remove the number of stories limitation, keep height limitations as it is currently calculated at 30 feet, keep the 15 percent structural footprint maximum for lots under 2.0 acres. Page 13 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Option 2: Remove the number of stories limitation, keep height limitation as it is currently calculated at 30 feet, remove the 15 percent structural footprint. If the Planning Commission continues to find Option 1 as the best option, Staff should be directed to draft an ordinance reflecting Option 1 for the City Council's consideration. The Planning Commission had no questions for Staff. Chair Thiesse opened the public hearing at 7:58 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:58 p.m. Schoenzeit stated in his view Option 1 works well. Landgraver stated this would be removing the number of stories as opposed to introducing a new concept and that in his view Option 1 is good. Leskinen stated Option 1 is the right way to go at this time since it will help Staff. Option 1 is also a small incremental change rather than dramatically changing everything. Schoenzeit asked if a story would go away under a PUD based on the FAR. Curtis stated it would depend on what the FAR number was set at. Leskinen moved,Schwingler seconded,to recommend approval of Application No. 16-3815, City of Orono,Zoning Code Amendment regarding the definition of half-story and the regulation of massing,and direct Staff to go with Option 1. VOTE: Ayes 6,Nays 0. 8. #16-3817 CITY OF ORONO,ZONING CODE TEXT AMENDMENT DEFINING EXISTING GROUND LEVEL AND ENGINEERED GRADE,8:03 P.M.—8:10 P.M. Barnhart stated the draft ordinance is intended to clarify the definition of existing grade. The City currently uses different terms for grade throughout the current ordinance and this proposed ordinance helps to clean that up. The draft ordinance also amends the definition of existing ground grade and the definition of basement and building height to consistently use "existing ground level." Existing grade is an important term in the application of the zoning ordinance, as the height of buildings and structures are based on grade. Grade is also used to determine if the lowest floor is a basement or a floor, impacting the 2-1/2 story determination. The draft ordinance also adds new definitions for"engineered grade"and"natural grade" as these terms are used in the ordinance. Barnhart stated the draft ordinance is not intended to change policy or practice but is intended to establish consistency and codify practice. Page 14 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Landgraver asked if there are standard industrial or business terms that are used by builders and whether the draft ordinance conforms with those terms. Barnhart stated there are a lot of different definitions for the same thing throughout the country. Staff looked at what is out there, which is where the engineered grade and natural grade come from. Landgraver asked if a builder who works in the metro area would be familiar with these terms. Barnhart indicated they should be. Barnhart stated the ordinance just talks about the grade level and that Staff is not recommending any other changes. Chair Thiesse opened the public hearing at 8:07 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:07 p.m. Leskinen commented the draft ordinance is pretty clean and straight forward. Thiesse noted at Line 25, the word be should be inserted. Schoenzeit moved,Leskinen seconded,to recommend approval of Application No. 16-3817,City of Orono,Zoning Code Amendment Defining Existing Ground Level and Engineered Grade. VOTE: Ayes 6,Nays 0. 9. #16-3824 CITY OF ORONO,ZONING CODE AMENDMENT REGARDING PROCESS TO REVIEW SUBDIVISION EXEMPTIONS, 8:08 P.M.—8:12 P.M. Barnhart stated the proposed ordinance establishes a process to accept subdivision exceptions and a process to respond to certain applications that do not meet the Zoning Ordinance. To be consistent with city code and state statute,the proposed ordinance establishes a process where Staff verifies that a proposal falls within these criteria, excepting the action from the subdivision code. If both lots meet minimum size and width requirements and all improvements remain conforming, a document will be created for recording. If one or both lots do not meet the requirements, or if new non- conformities are created, such as hardcover, setbacks, etc., a variance will need to be granted. Barnhart stated the ordinance would also allow the City to be consistent with state statute and city ordinance. Staff recommends approval of the ordinance as drafted. Schoenzeit stated one practical difficulty could be how long the building has existed. Chair Thiesse opened the public hearing at 8:10 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:10 p.m. Page 15 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 o'clock p.m. Leskinen moved, Schoenzeit seconded,to recommend approval of Application No. 16-3824, City of Orono,Zoning Code Amendment regarding process to review subdivision exemptions, as drafted. VOTE: Ayes 6,Nays 0. PLANNING COMMISSION COMMENTS 10. UPDATE ON CITY COUNCIL MEETINGS HELD ON APRIL 26,2016,AND MAY 9, 2016 Barnhart reported on the following City Council actions: • The Nugent application on Big Island was approved but the City Council did not support the 0-75 foot hardcover variance. • The Becker conditional use permit for plumbing was approved on Consent. • The Lakewest application was tabled due to access issues. Hennepin County is recommending one access and the applicant will be meeting with Hennepin County. The County would rather see the access at the high point,which places it in the middle of the development. • The text amendment for concept plan review was approved; • The text amendment regarding retaining walls was denied 4-1. The City Council wanted the code left the way the code is currently. 11. OTHER ISSUES FOR DISCUSSION Thiesse noted the City Council has discussed a couple of times the possibility of videotaping the Planning Commission meetings. Thiesse stated being a non-elected body and having approved minutes,he does not want the meetings to be videotaped. Landgraver and Schwingler indicated they are also in agreement.. Thiesse noted Christopher McGrann is the Planning Commission representative for the next City Council meeting. Landgraver stated he would be able to attend it if someone else covers July 25. Leskinen indicated she could cover July 25. Barnhart stated between now and the next Planning Commission meeting he will review the schedule and add Chad Olson's name to the schedule. ADJOURNMENT Leskinen moved,Schwingler seconded, to adjourn the Orono Planning Commission meeting at 8:19 p.m. VOTE: Ayes 6,Nays 0. ATTEST: Page 16 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2016 6:30 dclock p.m. •.%i ,� . `. /�'J 1 (:�'���, John Thiesse, Chair Page 17 of 17