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HomeMy WebLinkAbout01/18/2010 Planning Commission Minutes , � � MINUTES OF THE ORONO PLANIVING COMMISSION MEETING Monday,January 18,2010 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 Loren Schoenzeit,Tess Rice,Jon Schwingler,Linda Feuss, and Alternate Janice Berg. Representing Staff were Planning and Zoning Coordinator Melanie Curtis, Planner Evelyn Turner, and Recorder Jackie Young. Council Member James White was present. Chair Kang called the meeting to order at 6:30 p.m.,followed by the Pledge of Allegiance. CONSENT AGENDA Item No 4 was added to the Consent Agenda and Item No. 9 was deleted from the Consent Agenda. Chair Kang opened the public hearing for Item Nos. 2, 3,4, and 7 at 6:33 p.m. There were no public comments concerning these items. Chair Kang closed the public hearing at 6:34 p.m. Berg moved,Schoenzeit seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 6, Nays 0. *1. APPROVAL OF MINUTES Berg moved,Schoenzeit seconded,to approve the minutes of the November 16,2010,Planning Commission as submitted. VOTE: Ayes 6,Nays 0. NEW BUSINESS *2. #06-3234 &06-3235 Bridgewater Bank,4725 &4731 North Shore Drive Berg moved,Schoenzeit seconded,to recommend approval of Applications#06-3234 and#06-3235, 4725 and 4731 North Shore Drive,renewal of Resolution No.5553 for a lot line rearrangement, vacation of Lake Street, and variances. VOTE: Ayes 6,Nay. *3. #08-3350 J. SVEN GUSTAFSON ON BEHALF OF FREDERICK PETERS,3127 CASCO CIRCLE Berg moved,Schoenzeit seconded,to recommend approval of Application#08-3350, Sven Gustafson on behalf of Frederick Peters,3127 Casco Circle. VOTE: Ayes 6,Nays 0. *4. #09-3414 PATRICK AND KATHLEEN MIDDLETON,720 TONKAWA ROAD Berg moved,Schoenzeit seconded,to recommend approval of Application#08-3350,Sven Gustafson on behalf of Frederick Peters,3127 Casco Circle,granting of a structural coverage variance and a hardcover variance,subject to the applicant submitting as-built hardcover calculations. VOTE: Ayes 6,Nays 0. Page 1 ; . MINUTES OF THE ORONO PLANrTING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. 5. #09-3425 JAMES JOHNSON,650 BIG ISLAND,AFTER-THE-FACT VARIANCE AND CONDITIONAL USE PERMIT,6:38 P.M.—6:45 P.M. The Applicant was not present. Curtis stated the applicant is requesting an after-the-fact hardcover variance and an after-the-fact conditional use permit for retaining walls and a patio within the 0-75 f zone to remain as constructed. The request includes a hardcover variance to allow the hardcover associated with the retaining walls to remain when only 333 square feet of hardcover is allowed for lake access stairs within the 0-75 foot zone. The applicanYs property has a steep lakeshore,with the top of the slope about 22 feet above the lake. In 2008,the applicant hired two separate contractors to replace a failing sea wall with rip-rap, a walkway deck with a smaller patio walkway and lake access stairs. A permit for the rip-rap was obtained from the MCWD. Neither the contractor nor the applicant realized that City approvals were required as it was a replacement. Staff discovered the new walls on the annual shoreline inspection boat trip. The applicant was out of the state for a number of months and was unable to be reached. Once the property owner was contacted,the wall contractor began to work with staff to submit an after-the-fact application. Following an initial meeting with staff and the City Engineer,the contractor stopped returning phone calls from staff and the property owner. At this time the property owner has submitted the necessary information with the exception of an engineered construction plan for the retaining wall. Engineered plans are required for walls four feet in height or above which retain soil. The walls have a section that just exceeds the four foot limitation. The City Engineer has reviewed the survey,the contractor's sketch,and feels that generally the walls are necessary to maintain the slope. It appears that the patio walkway and walls are a nearly in-kind replacement for the previously existing deck and seawalls. One recommendation option for after-the-fact reviews such as this is to require the walls,patios, decldng, etc.,to be removed. In this situation,removal of the walls and walkway to restore a vegetated slope down to the water would result in a lot of earth movement and larger area of open,un-vegetated ground. It appears that with the walls in place the slope is stable. Restoration and re-grading the slope would open up the potential to create an erosion problem. Staff would recommend that the walls be allowed to remain. However,the Planning Commission should discuss the size of the patio walkway which replaced the existing deck. The property owner has planted native grasses to help to screen the walls from the lake. Planning Staff recommends approval of the CUP for the retaining walls and a variance for hardcover at a level the Planning Commission deems appropriate. An after-the-fact permit for grading and retaining walls is required to be obtained following any approvals. The applicant should be required to submit an engineer's opinion on the wall construction for the building permit. The evaluation likely cannot occur until the ground thaws. Additional vegetative screening should be provided to help to hide the walls when viewed from the lake. Rice asked where the additional vegetative screening should be planted. Page 2 � f � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#09-3425 JAMES JOHNSON,650 BIG ISLAND, CONTINUED) Curtis illustrated on the overhead the area where Staff is recommending additional vegetative screening. Curtis stated that at the present only native grasses are planted along the base of the wall. Chair Kang opened the public hearing at 6:42 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 6:43 p.m. Kang stated she does not have any issues with the application. Feuss stated in her view removal of the retaining walls would cause more damage. Rice moved,Feuss seconded,to recommend approval of Application#09-3425,James Johnson,650 Big Island,granting of an after-the-fact conditional use permit,subject to the condition that the applicant submit an engineer's opinion on the wall construction for the building permit,with the recommendation that the applicant consider additional vegetative screening in the area of the retaining wall. VOTE: Ayes 6,Nays 0. 6. #10-3438 DNA PROPERTIES,LLC, 1535 BOHNS POINT ROAD, SUBDIVISION— PRELIMIINARY PLAT,6:45 P.M.—7:17 P.M. Mark Gronberg, Surveyor,was present on behalf of the Applicant. Curtis stated the applicant has submitted a preliminary plat application for a 4.89 acre parcel proposed to be divided into three single-family residential lots. All lots would be served by public sewer and private water supply wells. The proposed one plus acre lot subdivision is in conformity with the guiding of this area for single-family lakeshore residential development at a density of one unit per one acre. The proposed development conforms to the 1.0 acre dry-buildable area, 140 feet width standards of the LR-1B zoning district and is consistent with the existing development in the surrounding neighborhood. Developed single-family lots surround this site. The properly is located in the LR-1B, One Family Residential District,which allows for single-family residential uses with a minimum lot size of one dry buildable acre. Under a standard subdivision process, each proposed lot would have to contain the minimum of 1.0 acres of dry buildable land. The current survey depicts three lots with a conforming density of at least one dry acre per lot. Each of the proposed lots meets the 1.0 acre requirement. The subject property is one 4.89 acre lot with a single-family home which was recently removed. The proposed lots shown on the survey are somewhat regularly shaped. According to the LR-1B zoning district standards, all of the lots must contain 1.0 dry acre and meet a 140 foot width requirement at the ordinary high water level as well as at the 75 foot lake setback. The 75 foot setback from the lagoon has been used for hardcover purposes as well as setback measurements. The minimum lot width,however, Page 3 ' , NIINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 � 6:30 o'clock p.m. (#10-3438 DNA PROPERTIES,LLC, 1535 BOHNS POINT ROAD, CONTINUED) was calculated at the 75-foot setback from the OHWL of the lake as the lots are uniform in shape. In general,it appears that the lots are acceptable with building sites meeting City standards. The developer has shown potential home locations, graded building pads for walk-out homes and swales down the common lot lines within the drainage and utility easements. The purpose for proposing the building pad locations is two-fold: to establish a new existing lakeshore setbacks should the properties not be developed simultaneously. One home location could create unforeseen impacts to the average lakeshore setback line for the two other lots if developed separately. Staff recommends that the new lots be subject to the standard 8 percent park dedication fee. Based on the 20101and value,the fee would be$367,840. However,the park dedication ordinance caps the actual fee at$5,550 per dwelling unit, so the two additional units result in a park fee of$11,100. The City requires standard perimeter and drainage easements around all property boundaries in the plat. Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the lane use and acreage of he property being developed. The property will be subject to the 2010 stormwater and drainage trunk fee of$4,330 per acre of$21,173. The properties would be served by city sewer and private wells. Municipal sewer lines are available in Bohns Point Road with two existing connection stubs. A third stub will have to be installed. The property was provided with sewer in 1965 and assessed based on front footage. Met Council SAC charges will be collected at the time building permits are issued. The proposed plat appears to meet the City's ordinance standards for development in the LR-1B zone. Staff recommends approval of the plat with a revision in the lot line between Lots 2 and 3 to include the small piece of land north of the lagoon entrance with Lot 2 rather than Lot 3 as shown. Staff recommends approval of the plat with a revision in the lot line between Lots 2 and 3 to include the small piece of land north of the lagoon entrance with Lot 2 rather than Lot 3 as shown. Schoenzeit asked whether there would be a covenant on the properties requiring the owners to build in the proposed locations. Curtis stated there is no covenant being proposed and that the purpose of the application is to achieve a desired style of home with an approved grading plan. Gronberg indicated they would like to get the application approved so that the individual lots would have an approved building envelope for the future purchasers of the lots. Crronberg stated they did move the house pads further away from the lake to help reduce hardcover. Schoenzeit asked whether a significant amount of fill is necessary to accommodate the walkouts. Gronberg indicated approximately five feet of additional fill will be needed in the front and approximately three feet in the back. Crronberg stated they did meet with the City Engineer and Staff to discuss the drainage and that they are proposing drainage swales on the north and south sides of the house Page 4 MINUTES OF TIiE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 . 6:30 o'clock p.m. (#10-3438 DNA PROPERTIES,LLC, 1535 BOHNS POINT ROAD,CONTINUED) to divert the runoff. There are plenty of grassy areas also to help filter the water before it reaches the lagoon and the lake. Gronberg noted they are agreeable to relocating the lot line for Lot 3 slightly south. Schoenzeit asked if it is common on platting to reset the elevation. Curtis stated this would be the time to determine a new existing grade for the development. Schoenzeit asked if there would be a covenant to retain these building pads to preserve the proposed drainage swales. Gronberg stated if someone wants to change one of the building pads,they would need to submit a new application to the City. Curtis stated the Planning Commission is approving a concept grading plan and plat at this time and that any major changes to the grading and drainage would need to be approved. Schoenzeit asked whether the drainage would be included on the title. Gronberg stated there would be standard utility easements around the perimeter of the lots, around the lagoon, and as shown on the plat near the street. Kang noted for the record that a letter was received from Rick Hauser, 1535 Bohns Point Road, expressing concerns regarding the fact that Bohns Point Road is a narrow residential dead end street and that there may be issues with traffic during construction. He is requesting that all driveway access points be positioned so that the lights from vehicles not illuminate an existing house; the mature evergreen trees and landscape grading along Bohns Point Road not be removed; and that any additional utilities be placed underground. Chair Kang opened the public hearing at 6:59 p.m. Virginia Sweatt, 3225 Bohns Point Lane, stated they have already suffered through six years of reconstruction and reshaping of this site in the past,the removal of a number of trees on the lot, and considerable noise. Sweatt stated she has a number of concerns regarding the application given the close proximity of this lot to their house. At times in the past school buses have had a difficult time accessing Bohns Point Road during the prior work on the lot. Gronberg stated the setback is 10 feet, and in order to construct the swale,they have left approximately 22 feet between the building pad and the adjoining lot. Gronberg stated there would be a cut through the berm in order to construct the common driveway,but that they would be doing replanting in that area. Sweatt reiterated her concern that this project would cause traffic problems as well as noise issues. Sweatt requested the City's regulations be followed as it concerns the height of the rooflines. Sweatt stated she has a concern with the number of houses proposed to be built on this site as well. Chair Kang closed the public hearing at 7:08 p.m. Page 5 MINUTES OF THE ORONO PLANIVING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3438 DNA PROPERTIES,LLC, 1535 BOHNS POINT ROAD,CONTINUED) Gronberg stated on the lot closest to Mrs. Sweatt's lot,in order to obtain a walkout,they have pulled the building lot away from the minimum setback in order to construct the swale. They plan to maintain as many of the trees as possible on the lot but some trees would need to be removed in order to construct the driveways. They are also willing to look at how the driveways can be configured to prevent headlights from shining into the neighboring homes. Kang asked whether any steps can be taken to address the construction traffic and noise. Curtis stated there are set hours that construction is allowed and that the police should be called if those hours are not adhered to. Curtis indicated that one lane should also remain open at all times. Gronberg indicated it is likely the houses will be constructed at different times and that these are smaller houses that are being proposed,which should be less of an issue than during the construction of the big house. • Feuss asked whether the soils are suf�cient to support three houses. Gronberg indicated soil boring tests would be taken at the time of construction to ensure that the soils are appropriate. Chair Kang closed the public hearing at 7:12 p.m. Schoenzeit stated in his view the houses fit the lots and meet the minimum setback requirements. Kang concurred with Commissioner Schoenzeit's comments and indicated she does understand the noise and traffic concerns raised by the neighbors. Kang noted that the residents do have some recourse if the noise and traffic concerns get out of hand. Schwingler asked whether the only time this application would come back before the Planning Commission again would be if a variance is requested. Curtis stated that is true. Berg noted that Staff would determine whether the height of the houses meets the City's regulations at the time the building permit is requested. Curtis recommended Mrs. Sweatt talk to staff later if she still has a concern regarding the building height. Schwingler noted the lots do meet code for this zoning district and that there is going to be preservation of the mature trees whenever possible. Schwingler encouraged the developer to discuss the project with the neighbors whenever a house is going to be constructed. Schoenzeit moved,Berg seconded,to recommend approval of Application#10-3438,DNA Properties,LLC, 1535 Bohns Point Road,Preliminary Plat,subject to the recommendations of the City Engineer's report. VOTE: Ayes 6,Nays 0. Page 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. *7. #10-3439 SEAN AND MARIE McLEAN,25 CYGNET PLACE—SETBACK VARIANCE Berg moved,Schoenzeit seconded,to recommend approval of Application#10-3439, Sean and Marie McLean,25 Cygnet Place,granting of a setback variance. VOTE: Ayes 6,Nays 0. 8. #10-3440 ROBERT AND MARY SANSEVERE,745 ORCHARD PARK ROAD, VARIANCE,7:17 P.M.—7:36 P.M. Bob and Mary Sansevere,Applicants,were present. Curtis stated the applicants are requesting a variance in order to construct an additional oversized(3,000 square foot) accessory structure on their property where one oversized accessory structure exists and only one oversized structure is permitted. The applicants would like to construct a 3,000 square foot riding arena on their property in order to allow for year-round training of their miniature horses. There also is a 1200 square foot barn on the property. The property contains two wetland areas, is bordered by Orchard Park Road on the east and County Road 6 on the north. The applicants have been searching for a solution that will allow for a year-round indoor training area on their property. Taking the existing 1200 square foot barn into account, they would be allowed to construct 4-5 smaller buildings, each up to 999 square feet, on their property. While this would not fully achieve their goal of a completely enclosed arena,the applicants considered a configuration whereby the buildings could be aligned in a circle 10 feet apart to allow for intermittent lengths of protected space or a tunnel for the horses to run through. The property consists of nine plus acres and is permitted a total of 6,000 square feet of accessory structure. The property contains two acres of Manage 2 classification wetlands. Manage 2 wetlands require a 25-foot buffer and a 20-foot structural setback from the buffer. It is not feasible to conduct an accurate wetland delineation during the winter months. However,John Smyth,the City's wetland consultant,visited the site and placed flags along a conservative wetland boundary line. The applicants have shown their proposed building exceeding the required 45 foot setback from both wetland areas. The City can collect an escrow with a building permit issued in the winter months which will provide the guarantee and security needed to assure that the wetland ordinance is adhered to when the weather permits. This project may trigger the wetland buffer requirement. Planning Staff recommends approval of a variance to allow an additional oversized accessory structure to be constructed on the property with any additional conditions the Planning Commission deems appropriate. Curtis illustrated on the overhead the location of the house and the proposed barn on the overhead. Schoenzeit asked if the exterior materials and colors would be required to match the main residence. Curtis indicated this proposal would not fall under that code since the property consists of over two acres. The Planning Commission could require that as a condition of approval. Sansevere indicated they would attempt to match the other existing pole barn since that structure is closer to the proposed barn than Page 7 MINUTES OF THE ORONO PLANIVING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3440 ROBERT AND MARY SANSEVERE,CONTINUED) the house is. Sansevere stated they understand the character of the area that the City would like to preserve and that the ptupose of the application is to allow them to construct a riding arena to allow them to ride their horses in the wintertime. The side walls of the structure that is proposed would only be 12 feet high. Kang asked whether the structure would be used for storage at all. Sansevere indicated it would not be. Sansevere stated they have 12 miniature horses and the building would allow them to ride and exercise them in the wintertime. The structure would also have interior lighting with a sand floor. Schoenzeit asked whether the structure would have a gable roof. Sansevere indicated it would and that from the road the top of the roof may be visible. Sansevere indicated they are also willing to provide some screening if necessary. Schoenzeit asked as it relates to screening and exterior finish,if the applicants are agreeable with those two conditions. Sansevere indicated they are. Rice asked whether the applicant would be willing to not construct another building on the property. Sansevere indicated they are not contemplating constructing another building but that he cannot speak for the future owner of the property. Sansevere noted they would only be allowed to construct two 900 additional square foot buildings. Chair Kang opened the public hearing at 7:31 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 7:31 p.m. Schoenzeit indicated he is fine with the applicant constructing up to the maximum allowed by the City for the building. Kang concurred with Commissioner Schoenzeit's comments and commented that one large building is preferable over a number of smaller buildings. Feuss stated she is in agreement with adding a condition to the approval to prevent any other smaller building from being constructed. Sansevere indicated he is agreeable to that. Kang noted the City Engineer has not determined whether a wetland buffer would be required. Page 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3440 ROBERT AND MARY SANSEVERE,CONTINUED) Curtis stated Staff would determine whether a wetland buffer is required at the time the building permit is issued. Kang moved,Rice seconded,to recommend approval of Application#10-3440,Bob and Mary Sansevere,745 Orchard Park Road,subject to the structure being limited to 3000 square feet and that the exterior finish of the building will be consistent with the e�sting 1200 square foot accessory building, as well as the property being limited to 4200 square feet of total accessory buildings. VOTE: Ayes 6,Nays 0. 9. #10-3441 MAGDALEN M.PIDGEON TRUST,MADALYN J.EPPLE,TRUSTEE—3625 EILEEN STREET—TAX PARCEL DIVISION,7:36 P.M.—7:48 P.M. Madalyn Epple,Trustee,was present. Turner stated the applicant is requesting subdivision approval to create a separate tax parcel for the portion of tax parce105-117-23-24-0039 that is owned by the Magdalen M.Pidgeon Trust. Turner illustrated the lots in question on the overhead. 3625 Eileen Street is one of four lots in the Riedel Company Stubbs Bay Addition. It was platted in 1975. The Riedel Company also owned a narrow strip of land between the lake and Bayside Road opposite the subdivision. In approving the subdivision, Council specifically allowed each lot to have a dock on this strip of land. In other subdivisions with this arrangement,the strip of land was usually included in the plat and divided into outlots that were conveyed with the house lots. That was not done in this situation. The strip included the southern parts of three 40' x 135' lots in Bay View Park. � After the plat was approved,Riedel Company proposed to split the west and middle lots in half and convey half with each house lot. City records regarding this subdivision are scattered through multiple files and are very incomplete. The east and middle lots were conveyed to the owner of Lot 1 subject to a dock easement for Lot 4. In 1975,Lot 2�and the west lot were conveyed to John and Magdalen Pidgeon subject to a dock easement for Lot 3 over the west half. However,the middle lot and the west lot had been combined for tax purposes by the previous owner of the property. The County accepted the deeds but would not divide the tax parcel witliout City approval. Tax bills were sent to the owner of the middle parcel. Approval to divide the tax par��el is being requested to allow the estate to be settled. A condition of the plat was Council approving the size and location of each dock. In 1975,the dock for Lot 1 was approved in a location to the east of the east parcel right-of-way or a City-owned tax forfeit parcel. In 1976,the dock was`approved for Lot 4 across the middle parcel despite Staff's concern that the dock was crossing another City-owned tax forfeit parcel before it reached the lake. Staff can find no record of Council approval of docks for Lots 2 and 3. Docks are now under the jurisdiction of the Lake Minnetonka Conservation District. Staff suggests the condition requiring Council approval be deleted since this function is now performed by the LMCD. Subject to the documents provided i nd already existing in the file,Planning Staff would recommend approval of the tax parcel division conditioned on the Pidgeon Trust parcel being combined I i � � Page 9 � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3441 MAGDALEN M.PIDGEON TRUST,MADALYN J.EPPLE,TRUSTEE,CONT.) with Lot 2,Block 1 Riedel Company Stubbs Bay Addition by either a tax parcel combination or a special lot combination. Staff also recommends the condition of the plat requiring Council approval of the docks for each lot be changed to require conformance with Lake Minnetonka Conservation District regulations. Madalyn Epple stated she had nothing to add to Staffls report. Chair Kang opened the public hearing at 7:45 p.m. Herbert Olson, owner since 1974 of the next-door house and the other part of this parcel, stated when they originally purchased this property on a contract for deed,they have been paying taxes on the property in question and that they are unsure what to do about that and that he would like to receive reimbursement for that. Kang stated she is unsure whether there is a process that he could follow to get reimbursement. Turner suggested he contact the Hennepin County Assessor's Office to determine how the taxes are separated out and whether the value of Lot 16 was included with the house. Chair Kang closed the public hearing at 7:46 p.m. Kang indicated this is a pretty straight forward application and that she does not have any issues with it. Schwingler moved,Schoenzeit seconded,to recommend approval of Application 10-3441,Magdalen M.Pidgeon Trust,Madalyn J.Epple Trustee,3625 Eileen Street,subdivision,subject to the Pidgeon Trust parcel,one,being combined with Lot 2,Block 1,Riedel Company Stubbs Bay Addition by either a tax parcel combination or a special lot combination and,two,the docks be in conformance with the Lake Minnetonka Conservation District regulations. VOTE: Ayes 6,Nays 0. 10. #10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,2180 NORTH SHORE DRIVE,VARIANCES & CONDITIONAL USE PERMIT,7:47 P.M.-8:12 P.M. Dirk Miller,Applicant,was present. Curtis stated the applicant is requesting a conditional use permit and setback variances in order to operate an in-patient eating disorder treatment facility for up to eight clients in the existing building on the property. The Emily Program intends to maintain as much of a residential character of the property as possible by limiting signage and changes to the exterior finishes of the building which are not consistent with a single family home. Due to the location of the existing building on the property, setback variances are also requested. A"hospital use"requires a 100-foot setback from adjacent residentially zoned properties where the school use only required a 50-foot setback. Based on the hospital use requirement outlined within City Code 78-418(14),the proposed use requires a minimum of 600 square feet of lot area for each person to be accommodated. The applicant is proposing an 8-bed facility. The property has 25,440 square feet in area and exceeds this requirement. Page � 10 NIINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,CONTINUED) The requirement for open parking spaces in a location other than a required yard cannot be met on this property. A previously approved variance for the previous user allowed parking to be located within the required 50-foot side street yard and a 10-foot setback is met from the interior side lot line and rear lot line. As the new use has a greater yard requirement, a new variance will need to be granted for the parking within the required 100 foot yard area. The proposed location of the conditional use is in accord with the objectives of the City's conditional use pernut and the purposes of the district in which the site is located and the comprehensive municipal plan. Staff also finds that the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare,or materially injurious to properties or improvements in the vicinity. The proposed conditional use will comply with each of the applicable provisions of Zoning Ordinance Section 78-916. Staff finds that the proposed use is compatible with the requirements of 78-418(14) and the applicant is able to meet the conditions outlined within the code. As the applicant is proposing to utilize an existing building,a building with some local historic value, staff finds the setback variance request is reasonable. Further,the proposed use will result in fewer vehicle trips to and from the site than the previous occupant and in particular will eliminate the high-traffic times of the former occupant. Residents will typically come and go as a group on an outing or other activity in a single vehicle. Clinicians and employees are small in number and visit at staggered times as the facility runs on a 24-hour schedule. Planning Staff recommends approval of the conditional use permit with variances for the Emily Program as proposed. Schoenzeit asked whether any future changes in the use of this property would require the application to come back before the Planning Commission. Curtis noted there are some specific conditions directed at the current applicant that makes the conditional use permit somewhat unique. Curtis indicated currently if a different school came in that met all the same conditions,they would not have to appear before the Planning Commission. Kang asked whether the Planning Commission can limit the number of beds. Curtis stated the Planning Commission does have the ability to limit the number of beds. Miller stated he would like to make one correction in Staff's report and that it is a ten bed facility rather than an eight bed facility. Tom Betti,Designer,indicated that would still work with all the lot requirements. Miller stated in his view this is a great use of the property for the neighborhood. They have been in contact with all the neighbors within 300 feet of the facility and that the majority of the neighbors are supportive of the project. They would be working in conjunction with Hennepin County. Page 11 MINUTES OF T� ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM, CONTINUED) Kang asked whether this would be a court-ordered facility. Miller indicated the residents would check in voluntarily. The Hennepin County Attorney's Office has a separate section for eating disorders and The Emily Program works directly with them. Hennepin County has developed a program called Community Commitment,which recommends not sending someone to a locked psychiatric ward for this type of problem. The patients would be there for approximately five months and there is licensed staff on hand at all hours of the day. The Emily Program also works with Methodist Hospital. Chair Kang opened the public hearing at 8:02 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 8:02 p.m. Rice commented in her view it is a good use of the building. Feuss stated she also is in agreement with the proposed use of the building. Kang noted there would probably be less traffic under this use than there was with the Hill School. Curtis stated she would discuss this application with City Attorney Mattick to see whether this conditional use pernut could be limited to this specific use. Schoenzeit recommended that this not be a locked facility. Kang indicated she would also like it limited to a ten bed facility. Kang stated she would like to maintain the residential character of the area. Miller stated they want to have a safe, attractive building, and that they will be a good neighbor. Schoenzeit noted that very few neighbors live within 300 feet of the building. Kang noted the City did receive a letter from one resident opposed to the project. Curtis indicated the applicant did go around the neighborhood and meet with as many of the residents as possible even outside the 300 foot limit and discussed the project with them. Kang stated in her view this is a low key use for this area. Kang noted the letter in opposition to the project was sent by Aaron Hale Printup,2195 Prospect Avenue. Miller noted that the use being proposed here is completely different than court ordered programs. Schwingler moved,Feuss seconded,to recommend approval of Application#10-3442,Dirk Miller of The Emily Program,2180 North Shore Drive,granting of a conditional use permit,per the recommendations of Staff, and subject to the facility being limited to a 10-bed facility. Page 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3442,DIRK MII,LER ON BEHALF OF THE E1VIII�Y PROGRAM,CONTINUED) Curtis stated she would work with City Attorney Mattick to compile a list of recommended conditions for review and approval by the City Council. VOTE: Ayes 6,Nays 0. 11. #10-3443,2655 SHADYWOOD ROAD,LECY BROTHERS CONSTRUCTION ON BEHALF OF TIMOTHY AND JULIANN HADDEN,VARIANCE,8:12 P.M.—8:45 P.M. Andy Johnsrud with Lecy Brothers was present. Curtis stated the applicants are requesting the following variances in order to build a new residence and relocate the driveway on their property: 1. A lot width variance to allow redevelopment of a property with 58 feet in width at the OHWL where 140 feet is normally required; 2. 0-75 feet hardcover variance to allow 25 percent hardcover where 43.3 percent currently exists and 0 is normally allowed; 3. 0-75 foot structural setback variance to allow the proposed home at a 48-foot setback where a 48-foot setback currently exists and a 75-foot setback is normally required. The applicants have chosen to locate the new home further from Shadywood Road and access off of Pheasant Road. They are requesting variances to encroach into the 75-foot lake setback area with the home to maintain a view of the lake and to avoid importing excessive dirt to fill a dip in the grade in the conforming building location. There is an exiting drainageway which cuts diagonally through the property fro the northern intersection corner all the way to the lake. This drainageway should be maintained. The applicants are proposing to grant an easement to the City in order to protect the drainageway in perpetuity. The applicants have proposed a rain garden and buffer areas in an effort to offset the proposed hardcover. The applicants are requesting a hardcover variance for the 0-75 foot zone to allow 2305 square feet of hardcover. There is 3,982 square feet of hardcover within the 75 foot lake setback. Half of the proposed hardcover consists of the applicants proposed home. Additionally,rip-rap within the drainage swale accounts for 650 square feet of the proposed hardcover within the 0-75 foot zone. Because this drainageway benefits not only the subject property but also the neighborhood,there could be an argument made for removing the hardcover and the drainageway altogether from the hardcover calculations. In addition to the house,the applicants have proposed to construct a 17' x 16' upper deck with patio below. There is also a circular patio and flagstone path proposed within the 75-foot zone. The existing home is 33 feet from the OHWL and consists of 1970 square feet of structural hardcover where no structure is permitted. The location and orientation o the lakeshore, an existing drainageway through the property and the existing grade has determined the proposed home location for the applicants. Page 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3443,2655 SIiADYWOOD ROAD,LECY BROTHERS,CONTINUED) The proposed home provides a lesser encroachment than the existing home and does not infringe on the views of the lake enjoyed from adjacent properties. Planning Staff recommends approval of the variances as proposed in conjunction with the City Engineer's recommendations and the removal of the circular patio and flagstone path within the 0-75 foot zone. Feuss asked what would happen with the drainage. Curtis stated the drainage would go under the driveway and there would also be some drainage across the driveway if the culvert becomes plugged,which meets the recommendations of the City Engineer. Kang asked for clarification on the hardcover for the circular patio and flagstone path. Curtis stated the applicant is proposing 474 square feet. The driveway,walk,planter,and stoop consists of 122 square feet and the flagstone path consists of 60 square feet. Schoenzeit asked where the average lakeshore setback is. Curtis pointed out the location of the existing home,the adjoining neighbors' residences, and the average lakeshore setback. The location of the residence is located way behind the average lakeshore setback given the lagoon. Kang asked if the 246 square feet of hardcover were removed from the 0-75 foot zone,what the hardcover calculation for that area would be. Curtis indicated it would be 22.3 percent. Johnsrud stated they initially explored remodeling the home and reorienting the driveway,but determined that construction of a new residence is more feasible due to the difficulty with relocating the driveway and the existing grades. A significant amount of runoff from Shadywood is directed onto this property. The home has been designed to fit within the required setbacks,reduce hardcover on the lot, improve the driveway, and correct the drainage. The main floor of the house is approximately 1500 square feet. The proposed location of the house allows them to preserve a number of the trees. � Johnsrud stated the easement was required to be extended to handle the drainage. The hardcover is reduced from 36 percent to 18 percent if the existing rip-rap is not included. Johnsrud illustrated the areas where they are proposing the rain garden and buffer areas. Kang concurred that the configuration of the driveway should be changed. Schoenzeit asked whether the house could be pushed further towards Pheasant. Johnsrud stated if the house is pushed closer to Pheasant,it would require a substantial amount of fill and that they are attempting to work with the existing grades. They currently have a 10 percent grade to the driveway and relocating the house would result in the house sticking further up. Page 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3443,2655 SHADYWOOD ROAD,LECY BROTHERS, CONTINUED) Berg asked whether the shed would remain. Johnsrud indicated it would. Berg asked what is facing Shadywood. Johnsrud indicated it would be the left elevation. . Berg asked whether that would be screened. Johnsrud stated they would be screening that area. Berg agreed there should be some landscaping in that area and concurred that the driveway does need to be improved. Chair Kang opened the public hearing at 8:31 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 8:31 p.m. Berg asked if a culvert is allowed,whether the City could require the property owner to clean it out periodically. Curtis stated it would be in the property owners'best interests to clean out their culvert because if the culvert is plugged,water would run across the driveway and cause it to wash away. Johnsrud stated the engineer has determined the appropriate size of the culvert. Kang stated she would prefer that the patio and circular path be eliminated. Schoenzeit noted the proposed elevation at the building pad is 941' and that the front of the garage is one foot higher. Schoenzeit stated in his opinion the whole house could be located behind the 75 foot line. Kang commented the size of the house would need to be reduced. Schoenzeit indicated the size of the house would not need to be reduced but the driveway could be reduced. Berg noted there would be fill required if the house is relocated. Schoenzeit stated he would like to see the house relocated. Schwingler pointed out that would shorten the driveway up and cause it to have a steeper grade. Schoenzeit stated it would result in less hardcover and relocate the house further away from the lake. Page 15 MINUTES OF T� ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3443,2655 SHADYWOOD ROAD,LECY BROTHERS, CONTINUED) Feuss stated if the house is relocated,there would also be a steep hill going down into the garage. Schoenzeit pointed out the applicants are proposing to level that hill out. Berg commented the drainage also has to be taken into account if the house is relocated. Schoenzeit stated he is not proposing the elevation be changed. Berg asked whether there would be sufficient driveway left to accommodate any visitors' vehicles. Schoenzeit stated the turn-around could be relocated slightly. Johnsrud stated they did look at that option a number of times,but the problem with relocating the garage to the north/northwest ten feet is that it would result in the low area being cut into the hill and the driveway would go from 10 percent slope to 15 percent slope. The further the garage is pushed to the northwest,the steeper the driveway becomes. Schoenzeit stated at the apron of the driveway the elevation would be at 941' and the pad would be at 940'. Schoenzeit stated he is not proposing to change the slope of the driveway but rather to reduce the amount of driveway. Johnsrud pointed out that would also eliminate their view of the lake. Kang indicated she does have an issue with the 0-75 foot zone and encouraged the applicant to locate as much of the house out of that zone as possible. Johnsrud indicated they would be willing to construct more rain gardens if that would help with the drainage. Schwingler asked if there is any history of the City removing rip-rap from the hardcover calculations. Curtis stated she would like the Planning Commission to consider whether that area should be removed from the hardcover calculations in that this is similar to a shared driveway situation. Johnsrud noted if the rip-rap is eliminated,it reduces the hardcover down to 18 percent. Schoenzeit stated he does not have a problem with discounting the rip-rap. Schoenzeit asked whether there is any grandfathering for the average lakeshore setback. Curtis stated the applicants are constructing in a completely different location and that they would need to construct the exact same house if they would like to preserve the average lakeshore line. Kang moved,Feuss seconded,to recommend approval of Application#10-3443,Lecy Brothers Homes on behalf of Timothy and Juliann Hadden,2655 Shadywood Road,granting of Page 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3443,2655 SHADYWOOD ROAD,LECY BROTHERS, CONTINUED) variances,subject to the removal of the patio and path,providing for additional buffer areas along the shoreline,and compliance with Staff s recommendations. VOTE: Ayes 5,Nays 1, Schoenzeit opposed. Schoenzeit stated in his opinion the house could be relocated slightly out of the 0-75 foot zone. 12. #10-3444 AMENDMENTS TO CHAPTER 78—ESTABLISHING A PROCESS FOR SITE PLAN REVIEW—PUBLIC HEARING,8:45 P.M.—8:55 P.M. Turner noted the Planning Commission did review the proposed amendments at their work session. Currently the Zoning code for the Business and Industrial zoning districts simply states that all building pernuts must be approved by Council. This is the basis for the"Commercial Site Plan process. Currently the City is experiencing the following issues with this practice: 1. City code does not contain a description of the process. 2. City Code does not contain standards for determining if the permit should be approved. 3 Building permits are governed by the building code,and by state statute a municipality is not allowed to change the building code, so the ability of the city to require Council approval of building permits when the building code does not require it is open to discussion. 4. To keep the process proportional to the work proposed, Staff issues building permits for repairs,maintenance and internal remodeling without Council approval I there are no zoning code issues. A recent example was a dentist who did internal remodeling to accommodate new equipment,create a more efficient office area and provide a better waiting room. Turner noted the first two pages of the ordinance are housekeeping type changes that add"site plan review"to the code. The proposed site plan review process is described on Pages 3 through 5. The primary change from current practice is to allow for administrative approval of additions of up to 10 percent of the existing building. Such small additions are currently sent to Council directly,without a commercial site plan. The process for a non-administrative review is the same as currently followed for a commercial site plan. Planning Staff recommends approval. Chair Kang opened the public hearing at 8:50 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 8:50 p.m. Berg moved,Schwingler seconded,to recommend approval the Ordinance Amending Chapter 78 of the Orono City Code Concerning Site Plan Reviews. VOTE: Ayes 6,Nays 0. Page 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18, 2010 6:30 dclock p.m. 13. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON NOVEMBER 23, 2009; DECEMBER 14,2009; AND JANUARY 11, 2010. Rice noted she attended the December 14°i meeting, which was discussed at the Planning Commission work session. Kang reported at the January 11`"City Council meeting the Conservation Design Ordinance was discussed at great length but was finally approved on a 4-1 vote. 14. OTHER ISSUES FOR DISCUSSION None 15. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON JANUARY 25, 2010, AND FEBRUARY 8, 2010 January 25, 2010—Feuss February 8, 2010 - Schoenzeit ADJOURNMENT Kang moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 8:58 p.m. VOTE: Ayes 6, Nays 0. ;-. , `'"� ,- G� � Kim Kang, Chair Page _ __ __ _ _ 18