HomeMy WebLinkAbout02/16/2010 Planning Commission Minutes � , '
MINUTES OF THE
ORONO PLANPTING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Acting Chair Loren Schoenzeit,Tess Rice,Linda Feuss,Denise Leskinen, and Alternate David Rahn.
Representing Staff were Planning and Zoning Coordinator Melanie Curtis,Planner Evelyn Turner, and
Recorder Jackie Young. Council Member poug Franchot arrived at 8:37 p.m.
Acting Chair Schoenzeit called the meeting to order at 6:32 p.m.,followed by the Pledge of Allegiance.
CONSENT AGENDA
Acting Chair Schoenzeit opened the public hearing for Item No. 2 at 6:35 p.m.
There were no public comments concerning this item.
Acting Chair Schoenzeit closed the public hearing at 6:35 p.m.
` Rahn moved,Feuss seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5,
Nays 0.
*1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF
JANUARY 19,2010
Rahn moved,Feuss seconded,to approve the minutes of the January 19,2010,Planning
Commission as submitted. VOTE: Ayes 5,Nays 0.
NEW BUSINESS
*2. #09-3436 LORI GHERADI,2700 ETHEL AVENUE,VARIANCE
Rahn moved,Feuss seconded,to recommend approval of Application#09-3436,Lori Gheradi,2700
Ethel Avenue,granting of a setback variance. VOTE: Ayes 5,Nays 0.
3. #10-3442 DIRK MILLER OF T�EMILY PROGRAM,2180 NORTH SHORE DRIVE,
CONDITIONAL USE PERMIT AND VARIANCES,6:37 P.M.-7:30 P.M.
Dirk Miller,Applicant, and Tom Betti,Design Group,were present.
Curtis stated the applicant is requesting a conditional use permit, structural covera�e and setback
variances in order to construct a 26' x 24' detached garage on the property to house The Emily Program's
van and gardening equipment. The detached garage will offer screening for garbage receptacles,
gardening equipment, and a large van used by the applicant.
The garage requires a setback variance and conditional use permit approval. A 100-foot setback is
required from adjacent residentially zoned properties. The property currently has 14.7 percent structural
coverage. The applicants are proposing to add 616 square feet which would increase the structural
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(10-3442 DIRK NIILLER OF T�EMILY PROGRAM,2180 NORTH SHORE DRIVE,CONT.)
coverage level to 17 percent. A typical garage in this residential zone would need to meet a 10-foot
setback,which this garage meets.
Staff finds that the proposed garage will be residential in appearance, at a setback that is consistent with
other residential garages in the immediate neighborhood,will be compatible in appearance with the
surrounding neighborhood and is able to meet the conditions outlined within the code. As the applicant
has identified a need to house a program van and store garbage receptacles and gardening supplies, Staff
finds the setback variance request is reasonable.
Most residential properties have an attached or detached garage. With the cold and snowy Minnesota
winters,it is often considered a hardship not to have some type of garage to protect vehicles from cold,
snow and ice. As this property has not been used for residential purposes for quite some time,there is no
existing garage to utilize.
Planning Staff recommends approval of the conditional use permit with variances for The Emily Program
as proposed. The applicant should be required to comply with the recommendations of the City Engineer
regarding storm water.
Rahn asked where the Hill School kept their dumpster.
CurCis indicated she is unsure where it was kept.
A member of the audience indicated it was located in the open at the end of the driveway.
Miller stated the application is pretty straight forward and the van will be utilized by the residents for their
various outings. The garage will also store gardening equipment and the trash container.
Rahn stated as it relates to the location of the garage,it appears that the van will have a difficult time
exiting the driveway given its narrowness and it will need to back out onto the road. Rahn asked what
size dumpster The Emily Program is planning to utilize. Rahn noted a private garage would be classified
as a U and this building would likely be an S2 occupancy under the Building Code.
Betti indicated it would be a business class occupancy for the building and the garage would likely be
classified as a U occupancy.
Rahn stated given the fact that this is a business use,the garage may be required to be sprinkled if the
dumpster exceeds one and a half yards.
Betti stated they are looking at a smaller dumpster and they will have to determine how often the
sanitation company will need to pick up the refuse. The garage was angled in an attempt to maintain the
current parking lot. The van will not be heavily used. They currently have 49.6 percent hardcover and
they are proposing to reduce the hardcover to 49.1 percent by utilizing pervious materials for the patio
and eliminating the front sidewalk. Betti indicated they are looking at the garage as a whole with the
landscaping.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(10-3442 DIRK MILLER OF THE ENIILY PROGRAM,2180 NORTH SHORE DRIVE,CONT.)
Rahn commented the plan does look very nice but that he is looking at the practicality of the sanitation
truck being able to access the dumpster without using the street to back up.Rahn stated he would prefer
the overhead doors face the street or the building to reduce the noise and to allow for easier access. Rahn
suggested locating the garage near the existing parking lot,which would allow for easier access and
eliminate some of the driveway.
Betti stated they are also attempting to preserve the current parking stalls.
Rahn pointed out that the van would utilize one stall if it was parked outside and that he would prefer the
garage be relocated to provide better access.
Schoenzeit commented one option would be to pull the trash container down to the street for pickup.
Betti stated they are willing to pay extra for the smaller manually served dumpster and that they are not
opposed to relocating the garage if that is the recommendation of the Planning Commission.
Miller asked whether they should construct a structure to house the dumpster separate from the garage.
Rahn stated he wanted the applicant to be aware of the possibility that the building would need to be
sprinkled if they are planning to store a large dumpster in there. Rahn stated in his opinion the garage
could be located closer to the parking lot,which would utilize the existing blacictop.
Betti indicated they are agreeable to relocating the garage,but noted there is also a rain garden/drainage
area in the upper right-hand corner that they will need to accommodate.
Rahn stated if the overhead doors were straight to the street,with a reverse gable,it would have an
appearance similar to the school.
Miller stated if the garage is approved as is,they would take the suggestions of the Planning Commission
into consideration as it relates to the location of the garage. They are holding a meeting with the
neighborhood tomorrow night and will be before the City Council on February 12`�'. They are running
into time constraints as it relates to the purchase agreement. They would like the Planning Commission
to approve the garage as is and they will the suggestions of the Planning Commission under
consideration.
Acting Chair Schoenzeit opened the public hearing at 6:50 p.m.
Michael LaQuey,P.O.Box 94, Crystal Bay, stated he is opposed to the garage under any circumstances.
LaQuey indicated he concurs with the information that was submitted on the storm water pond and that
the garage will impact the drainage. LaQuey stated he feels this use will increase the parldng on the site.
There are also some fire and safety issues that are created with the garage given the narrowness of the
access. In addition,there are safety issues with the dumpster in that it may hold biohazard waste. If the
dumpster is stored outdoors, it creates safety issues for the children in the neighborhood if it does contain
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(10-3442 DIRK MILLER OF THE EMILY PROGRAM,2180 NORTH SHORE DRIVE,CONT.)
biohazard waste. The Emily Program has admitted they will have outpatient visits,which will generate a
lot of traffic because the excess vehicles will need to park in the driveway. LaQuey stated the program is
not compatible with residential use and will negatively impact the local valuations.
Curtis noted the applicants had stated at the last city council meeting that they will not have medical
waste.
LaQuey stated his concern related to biohazards and not hospital waste,which are two different things.
Lorraine Kaley, 1395 Brown Road, stated she is unsure how the landscaping will be done. If the trees
are preserved,traffic coming down Briar will not be able to see a vehicle bacicing out.
Kaley stated as it relates to the parking,the minutes reflect a 100 foot setback and that a variance is being
requested.
Curtis noted the Hill School previously had a setback variance granted for a 50-foot setback. A setback
of 100 feet is required for hospitals from all property lines.
Kaley stated in the Planning Commission packet there are two comments regarding the 100 feet and that
she is unsure what that is referring to. Kaley asked whether the applicant is requesting additional parking
over the 16 parking stalls that are currently there.
Schoenzeit stated the applicant is requesting a variance to the setback for the garage.
Kaley asked if there would be on street parking.
Curtis indicated to her lrnowledge there would not be on street parking. The applicant has identi�ed that
the parlcing on the site would be adequate to serve their proposed business.
Kaley noted the applicant has also stated they would be reducing the amount of traffic from what the
school had. Kaley indicated she resides to the east of this property and that the school only had traffic for
an hour in the morning and in the afternoon,with no traffic on the weekends and summers. Kaley asked
how the traffic will be reduced.
Curtis stated the comment in Staff's report referred to the typical heavy times of traffic during the day and
that this facility will not generate bulk traffic but rather occasional vehicle traffic similar to a residential
area.
Kaley asked where the back lot line is located.
Curtis illustrated the location of the back lot line on the overhead and noted the Minnetonka Art Center
owns the properly to the rear of that.
Kaley indicated she is still unclear about the landscaping.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(10-3442 DIRK MILLER OF THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, CONT.)
Dave Koffinan,Landscaper, stated the evergreen trees in the area of the garage will be removed and that
deciduous trees would be planted in that area,which would enable people to see any cars exiting the
driveway.
Kaley asked what other types of landscaping would be planted.
Koffinan stated the landscaping would consist more of native plantings along the outside perimeter.
Kaley asked if there would be any cement added to allow for better egress out of the door.
Koffinan indicated there would not be.
Kaley asked whether there will be enough parking for family days.
Miller stated the family days would be held at their facility in St.Louis Park.
Koffman indicated they are attempting to create more of a garden affect around the entire lot with the
landscaping,with some apple trees and a little garden. The swing set will be removed and the chain link
fence will be partially obscured by the landscaping.
Rahn asked whether that street is posted no parking.
Curtis indicated she does not lrnow whether the street is posted no parking.
Rahn pointed out that if the parking lot is full,the applicant would have the right to park on the street
provided it is not posted no parking.
Mike Maddie,2150 Prospect Avenue,noted they are meeting tomorrow night with representatives of The
Emily Program. Maddie indicated although the City did make an effort to notify all the residents within a
specified radius and he is listed as being notified at three separate addresses,he did not receive any notice
of the application.
Maddie indicated he would like the application to be tabled to allow the neighbors to meet with the
representatives. Since this will be a 24/7 facility and there are a lot of unlrnowns,they would like to get
those cleared up prior to the application being approved.
John Bryant, 1345 French Creek Drive, asked whether there are potential ranges of parlcing requirements
for this facility. Bryant stated the neighbors were informed by the Minnetonka Art Center that they were
contacted as a potential overflow parldng facility.
Schoenzeit indicated he is not aware of the status of that option.
Miller stated he is not aware of any conversation with the Minnetonka Art Center as a possible overflow
parking area but that another member of his staff has been working with the Art Center. The Emily
Program will be utilizing the Minnetonka Art Center for art therapy classes during off peak hours. Miller
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MINUTES OF TI�E
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(10-3442 DIRK MII.,LER OF THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, CONT.)
indicated there should not be much overflow traffic with this facility. In Chaska there is an average of
eight cars at any one time.
Miller states he understand the neighbors have a number of concerns about the project but in his view
they do not relate to the garage but rather to the program itself. The City Council will be deciding
whether this is an appropriate use for the structure.
Marcus Blue,2160 Crystal Avenue,indicated he did not receive notice for any of the public hearings and
was wondering why the neighbors were not given notice of this.
Schoenzeit stated the City is required to notify neighbors within a 350-foot radius and that the certified
list is provided by Hennepin County. The notice is published in several public places and on the City's
web site. Schoenzeit stated based on the turnout at this meeting, some notice apparently was received by
the neighborhood.
Curtis stated the required notification is 350-feet from the property lines,and that the list contained in the
packet has been provided by Hennepin County.
Blue stated he does reside within the radius but he did not receive notice.
A member of the audience stated he also is within the area and was not given notice.
Curtis stated one of the notices did come back as being undeliverable. The City uses a certified list from
Hennepin County.
Schoenzeit stated the list does come from the Hennepin County tax data base and the City is not deciding
who should and should not be notified.
Blue stated even with Hill School,they experienced vehicles going at a rapid speed up and down Briar at
all hours of the day.
Schoenzeit stated there is no particular stop or start time for this facility and that the traffic will vary at
different times of the day.
Blue noted the street is very narrow in this area and that typically only one car can pass through at a time
if there are cars parking on the street. Blue commented there is not much room for additional on street
parking.
Kristine Hempstock, 1295 Arbor Street, stated she also lives within a block of Hill School and they were
not given any notification of the public hearing. Hempstock requested the residents be allowed some
additional time to learn about the program.
David Guess, 1260 French Creek Drive, stated the issue is not just about the garage and that a number of
good points have been raised. If The Emily Program does enhance the neighborhood and does not create
the issues the neighbors fear,there is always the issue of what will happen with the structure should The
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MINUTES OF THE
ORONO PLAIVNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(10-3442 DIRK NIILLER OF THE ENIILY PROGRAM,2180 NORTH SHORE DRIVE,CONT.)
Emily Program vacate the property. Guess indicated the neighbors are terrified of what will happen with
the neighborhood if The Emily Program leaves and another use comes in that is not as benign as an eating
disorder program.
Rahn asked whether a different use would require approval of the City Council.
Curtis stated the new use would have to meet all of the conditions that are being placed on The Emily
Program. If another school wanted to occupy the building rather than The Emily Program and could
meet all of the conditions placed on the Hill School,they would not require any approval from the City.
Curtis noted under current state law,there could be a residential inpatient facility located within this
neighborhood that does not require any special permits from the City. A facility with six beds or fewer
does not require any licensing by the state at all. The request for a 10-bed inpatient facility has prompted
the need for licensure.
Curtis noted the application before the Planning Commission tonight relates solely to the garage.
Schoenzeit pointed out that this application would need to appear before the City Council for final
approval.
Rahn commented that the majority of the comments so far tonight have not related to the garage and
would be better suited for the meeting before the City Council.
Gregg Steinhafel,2160 North Shore Drive, stated he resides across the street from this property and that
he did receive notification of the public hearing. Steinhafel stated this issue does relate to more things
than the garage and that the neighbors would like to have a better understanding of the program. The
neighbors feel this is a slippery slope and there is a concern that a different type of program would be
allowed if The Emily Program vacates the property. There are too many open issues,too many questions,
and too many neighbors who have not received the proper notification. The neighbors would like some
additional time to understand the issues.
Steinhafel stated Briar Street is very narrow and there is very limited parking on the street. This is a
commercial enterprise. What guarantees do the neighbors have that there will not be a lot of parking on
the street. Steinhafel commented in his view there is a big difference between residents of the
neighborhood parking on the street and a commercial enterprise.
A resident located at 1290 Arbor Street asked if he is on the mailing notification list.
Curtis indicated he is not.
Dean Lundblad concurred that this relates to more than just the garage and that they would like additional
time to have some of their questions answered.
Curtis noted the public hearing for the use has already happened at the Planning Commission in January.
At the February 8`�'City Council meeting,the application was tabled to allow for additional time for the
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(10-3442 DIRK NIILLER OF THE EMILY PROGRAM,2180 NORTH SHORE DRIVE,CONT.)
neighbors to obtain answers to their questions and that tonight's meeting is strictly for the garage
application.
Schoenzeit noted there will be another public hearing at the City Council when this application is heard
again.
Curtis noted the next time this application will be heard will be on Monday,February 22, 2010
LaQuey stated he has issues with the garage and the traffic. The applicant has admitted there will be
outpatient therapy going on. If two therapists and a physiatrist work full time in the office and they saw
seven people a day,it would generate 21 outpatient visits per day. Those appointments would have
specific start times, so there will not just be periodic traffic but traffic coming and going all day.
Acting Chair Schoenzeit closed the public hearing at 7:25 p.m.
Rice stated in her view the garage is reasonable but that she concurs with Commissioner Rahn that there
may be issues with ingress and egress of the garage.
Leskinen indicated she also is in agreement that the garage is reasonable and that she agrees with the
comments by Commissioner Rahn regarding the access. Leskinen stated she does not have any issues
with the appearance of the garage since it is nicely designed and fits in well with the character of the
neighborhood.
Schoenzeit recommended the garage be reoriented to allow for better access. Schoenzeit noted the
neighbors will be meeting with the applicant tomorrow night and that they will also have a chance to
speak before the City Council at the meeting on Monday.
Feuss indicated she does not have any new comments to add.
Rahn asked whether the applicant would like the application tabled or voted on tonight. Rahn stated he
would have a difficult time voting on a plan that he has not seen if the applicant is interested in relocating
the garage.
Schoenzeit commented the residents could raise the issues discussed by the Commissioners tonight with
the City Council.
Miller asked if the garage could be approved conditionally upon the orientation being changed.
Schoenzeit stated the Planning Commission typically does not vote on a plan that they have not seen.
Miller requested the Planning Commission vote on the application as it currently is.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(10-3442 DIRK MILLER OF THE ENIILY PROGRAM,2180 NORTH SHORE DRIVE,CONT.)
Rahn moved,Rice seconded,to recommend denial of Application#10-3442,Dirk Miller of The
Emily Program,2180 North Shore Drive,with the recommendation that the orientation of the
garage be changed to allow for easier access into the garage and to eliminate a major portion of the
driveway,with the overhead doors facing the street. VOTE: Ayes 5,Nays 0.
4. #10-3445 CLIFFORD AND BARBARA SWENSON,2956 CASCO POINT ROAD,
VARIANCES,7:30 P.M.—7:45 P.M.
Mark Gronberg, Surveyor,was present on behalf of the Applicant.
Curtis stated the applicant is requesting variances in order to construct a replacement deck approximately
28 feet from the lake where a 75 foot setback is normally required. Hardcover, side setback, and average
lake setback variances are requested.
A grade-level,lakeshore deck previously existed on the property in the proposed location. It is estimated
to have been constructed sometime in the 1980s. There was no permit issued for the deck. In 2009,the
property owners removed the deck and constructed a new, slightly different deck in its place. Upon
notification of the requirement for variance approval,the property owners chose to revert back to the
previous deck configuration rather than what was constructed in 2009.
The applicants are requesting a hardcover variance within the 0-75 foot zone to allow 240 square feet
hardcover where only 112 square feet is permitted for the lake access stairway. The proposed deck would
be set back only 28 feet from the OHWL where a 75-foot structural setback is required.
The applicants' property is very narrow at the lake until approximately 200 feet landward. The 14-foot
wide deck encroaches on both side lot lines. There is a proposed 0-foot setback on the north and an 8-
foot setback from the south property line.
The proposed deck will be located significantly ahead of the average lakeshore setback line. It is
proposed as grade-level and should not interfere with views of the lake from adjacent properties.
Staff finds the grade drop-off in the lake yard necessitates the lake access staircase. The applicants'
proposed deck will be at grade and the deck itself will not interfere with the views of the lake enjoyed
from neighboring properties. However,patio furniture or other appurtenances may block views. Both of
the immediate neighboring properties have significantly larger lakeside decks or structures than the
applicants are requesting.
. The proposed deck appears to function as a large stair landing. The 128 square feet of hardcover
associated with the deck accounts for approximately 7.5 percent of the hardcover within the 0-75 foot
setback zone. However, at 20 feet wide,the zone itself is extremely small in comparison to the adjacent
properties. The narrowness of the property at the lake presents the additional challenge of ineeting the
10-foot side setback requirement.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3445 CLIFFORD AND BARBARA SWENSON,2956 CASCO POINT ROAD,
CONTINUED) _
If the Planning Commission determines that a landing is necessary, Staff recommends approval of a
landing four feet wide maximum, centered on the stair in order to offer a greater setback from each side
lot line.
Feuss asked if any of the adjacent neighbors have similar decks.
Curtis stated the adjacent neighbors,based on the aerial photograph,do seem to have some significant
structural features down by the lake,with the one neighbor having a boat structure.
Mark Gronberg, Surveyor,noted the applicant resides in Florida during the winter and was unable to
make tonight's meeting. The deck in its original condition had existed for a number of years but was
deteriorated, so his son constructed a new deck but made it bigger than what it originally was. The
neighbor to the north is fine with the deck. The applicant is fine with centering the deck on the stairway.
Gronberg noted the stairway is approximately four feet wide and having a deck that is four feet wide
would serve no purpose. Both of the neighbors have bigger decks than this one and the applicant would
like to replace what he had.
Schoenzeit asked whether the deck has footings.
Gronberg indicated he is not sure how the deck is constructed.
Acting Chair Schoenzeit opened the public hearing at 7:38 p.m.
There were no public comments regarding this application.
Acting Chair Schoenzeit closed the public hearing at 7:38 p.m.
Rahn indicated he is in agreement with Staff and that there are a number of residents in Orono who would
love to have a deck of this size but are not able to. Rahn stated in his view approving this deck would be
precedent setting.
Schoenzeit asked whether the deck was grandfathered in.
Curtis stated the original deck was considered an illegal nonconfornung structure since no permit was
ever issued for the deck.
Feuss indicated she is in agreement with Staff's recommendations.
Leslcinen asked what the size of the proposed deck is.
Crronberg indicated it was approximately 9' x 14' and that the original deck was in existence for
approximately 30 years.
Rahn stated the problem is that it is illegally nonconforming, and that the issue is whether the applicant
should be allowed to construct a new deck after-the-fact. Rahn noted the zero setbacks are also an'issue.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING �
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3445 CLIFFORD AND BARBARA SWENSON,2956 CASCO POINT ROAD,
CONTINUED)
Gronberg reiterated the applicant is willing to center the deck to help with the setbacks.
Rahn stated he would be agreeable to a four foot deck,which is what the code allows.
Curtis stated there could be a four foot transitional landing.
Leskinen asked how much of a setback could be achieved by centering the deck.
Rahn stated it would be approximately four feet on each side if the deck were centered.
Gronberg pointed out that the deck was constructed by a previous owner and has existed on the property
for at least 30 years. The deck was unsafe and the owner replaced it.
Leskinen asked whether the applicant is agreeable to removing the rebuilt deck and replace it with what
existed previously.
Gronberg indicated he is.
Rice stated a four by four deck does not sound reasonable if the larger deck has existed for over 30 years.
Gronberg asked whether they could compromise on the size.
Schoenzeit asked if an eight-foot deck would be acceptable.
Leskinen stated that size deck sounds reasonable. Leskinen noted the original deck was in a deteriorated
condition and replaced.
Gronberg commented that the property owner could have replaced one board at a time if he knew the
replacement deck was going to be an issue.
Curtis stated the property owner is allowed to maintain what is existing and that the issue is the fact that
the original deck was removed completely and replaced with something bigger.
Rahn asked whether the City has anything that shows the deck existed.
Gronberg stated they have surveyed the deck previously and it shows that the deck was 14'x 9'.
Leskinen moved,Rice seconded,to recommend approval of Application#10-3445, Clifford and
Barbara Swenson,2956 Casco Point Road,granting of variances,contingent upon the landing
being centered on the stairway to allow for a 4-foot setback on each side,and contingent upon the
deck not exceeding the size of the original deck of 14' x 9'. VOTE: Ayes 5,Nays 0.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
5. #10-3446 STEVEN D.BLUM, 1131 WILDHiJRST TRAIL, SKETCH PLAN,7:45 P.M.—
8:13 P.M.
Jeff Martineau,Developer,and Mark Gronberg, Surveyor,were present on behalf of the applicant.
Curtis stated the applicant is here for a sketch plan for a 6.89 acre parcel proposed to be divided into six
single-family residential lots. All of the lots would be served by a new private road with cul-de-sac
extending westerly from Wildhurst Trail. All lots would be served by municipal sewer and private wells.
The proposed 6.89 acre lot subdivision appears to be 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 will be required to conform to the 1.0 acre, 140 feet width standards of the LR-1B Zoning
District. Under a standard subdivision process,each proposed lot would have to contain the minimum of
1.0 acres of dry buildable land.
The proposed single-family development with one-plus acre lot sizes is consistent with existing
development in the surrounding neighborhood. Developed single-family lots surround this site to the
south and east and a city park property borders on the north. The surrounding single-family lots vary
between %2 to 1-plus acre lots. The current survey depicts six lots with a conforming density of one lot
per gross acre. However, some of the lots are less than the 1.0 acre requirement due to the presence of
bluffs and steep slopes and storm water ponding which reduce the availability of calculable acreage.
The three northern lots have adequate building envelopes and do not appear to meet the required lot area
minimum due to the buff and steep slopes. Further refinement of lot lines may alleviate some of the
borderline lot area issues,but it appears that two of the lots likely will need to be eliminated based solely
on the calculable buildable acreage. The developer should provide the bluff analysis including a
perpendicular cross-section to assure the bluff has been correctly defined.
The proposed road corridor is 50 feet in width with a 100-foot diameter cul-de-sac as required by the
Subdivision Ordinance and the CMP for a local private road. The standard paved width for this road
would be 24 feet with a 50-foot diameter cul-de-sac. Street design information is required at the time of
preliminary plat for the City Engineer's review. The City would expect that the existing cut for the
current driveway at Wildhurst be eliminated and the remainder of the driveway, as it cuts through Lots 5
and 6,be removed.
The CMP indicates that no future irails are proposed along Wildhurst Trail. Because of the proximity to
the City park property and the sensitive nature of the bluffs and ravine,Planning Commission and
Council will be asked to consider whether dedication of land or an 8 percent park dedication fee would be
more appropriate.
The City would require standard perimeter and drainage easements around all property boundaries in the
plat as well as Conservation and Flowage Easements over any delineated wetlands. Due to the nature of
the topography on this property,the developer should consider a master grading plan which includes
building pad locations as part of the preliminary plat review process.
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NIINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3446 STEVEN D.BLUM, 1131 WILDHURST TRAIL,SKETCH PLAN, CONTINUED)
The developer should be advised that this subdivision will be subject to the City's newly adopted
Conservation Design ordinance. This property will be reviewed in terms of the Rural Oasis goals and
policies which have been approved by the City Council and are supported within this ordinance.
The proposed subdivision layout has not been subjected to the detailed analysis required within the
Conservation Design ordinance. Creation of a storm water pond will undoubtedly result in tree removals.
The conservation design process may help to identify the areas on the site which should be preserved.
Additionally,the process may identify a more appropriate location for the pond.
Martineau stated he is aware of the sensitive issues surrounding the bluffs and that he would like to obtain
some type of benchmark from the Planning Commission on how the bluff area will be identified.
Schoenzeit noted he does reside on Wildhurst Trail and that he is familiar with the property. Schoenzeit
asked whether access could be onto Garden Court as opposed to Wildhurst Trail.
Martineau stated it can not.
Schoenzeit asked what will be at the intersection and where the new road will enter onto Wildhurst Trail.
Curtis illustrated the proposed access on the overhead.
Gronberg stated there would be some grading into the hill done to provide for a landing at the bottom.
Schoenzeit asked whether there would be any improvements done to Wildhurst Trail to accommodate two
cars.
Gronberg stated they were not aware of that issue.
Schoenzeit stated in his opinion Wildhurst Trail is not currently suitable to handle additional traffic.
Curtis stated at the entrance to Wildhurst Trail there typically would be a stopsign.
Schoenzeit noted currently two cars cannot pass on Wildhurst without yielding.
Martineau stated to his lrnowledge it would be is similar to Tonkaview and Garden Court.
Schoenzeit stated Garden Court does have curb and gutter.
Rahn pointed out the Garden Court development has a 100-foot conservation easement and asked how
that came about.
Curtis stated she is unsure how that came about.
Gronberg stated to his understanding a conservation easement was due to the steep slopes. Gronberg
stated to his lrnowledge the sewer in this area was bored in to avoid disturbing the slope.
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MINUTES OF TAE
ORONO PLANPTING COMNIISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3446 STEVEN D.BLiTM, 1131 WILDIiURST TRAIL,SKETCH PLAN, CONTINUED)
Rahn asked if there would be a swale in this area and a culvert placed under the road.
Gronberg indicated there would be some catch basins.
Schoenzeit asked if there would be a culvert to divert the water.
Gronberg indicated the drainage would need to be diverted down into the ravine.
Rahn noted there are drainage issues throughout the whole neighborhood and that the drainage on this site
will be an issue with the residents. Rahn asked if all the lots are compliant.
Curtis stated,based on the City's definition of dry buildable and excluding the 18 percent slopes or
greater,the lots are not all compliant.
Rahn commented he would like to see something that is compliant with city requirements and with the
lots having reasonable building pads that are not going to require any variances by future owners.
Schoenzeit stated the subdivision should handle its own drainage and that the developer should consider
possible improvements for Wildhurst Trail.
� Gronberg pointed out Lot 5 is smaller but that the existing house on Lot 2 would fit on it. Gronberg
� stated in his view these are adequate building pads and would accommodate the current house.
Rahn asked if they meet the requirements of the 18 percent slope areas were excluded.
Gronberg stated the exclusion of areas with 18 percent or greater slope has not been enforced on any other
subdivision in the past to his lrnowledge. Gronberg pointed out a typical walkout lot is greater than 18
percent.
Curtis noted Asst. City Administrator Gaffron has submitted a memo on this application.
Rahn asked if there is a bluff setback and a bluff buffer.
Curtis stated a 30-foot setback is required from the top of the bluff.
Rahn asked if these lots comply with that.
Curtis indicated they do.
Gronberg stated Asst. City Administrator's Gaffron's view was to take the bluff area and setback out of
the lot area,which in his view is too onerous.
Curtis stated she agrees and that the 18 percent areas outside of the bluff is a point of discussion for the
Planning Commission.
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14
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3446 STEVEN D.BLUM, 1131 WII�DHURST TRAIL, SKETCH PLAN,CONTINUED)
Gronberg stated he can understand excluding the 18 percent areas that are part of the bluff but not the
setbacks.
Curtis stated that is an issue that the Planning Commission needs to consider when creating lots since it
will leave very little area for a back yard. Curtis illustrated the area for the back yard with the required
setback.
Gronberg asked how the 18 percent and bluff issue can be resolved.
Curtis stated at the present time it does not meet code and that Staff could work with the applicant on a
resolution or the Planning Commission can provide some direction to the applicant on the lots.
Gronberg asked if they can exclude all the bluffs and reconfigure the lots.
Curtis stated in her view at least one lot will be lost if the bluff area is excluded.
Rahn stated in his view they would end up with the number of lots that are compliant with the City's
regulations if the bluff area if excluded. Rahn commented that Lot 6 as it is cunently configured appears
to be a little tight because of the pond.
Acting Chair Schoenzeit opened the public hearing at 8:06 p.m.
There were no public comments regarding this application.
Acting Chair Schoenzeit closed the public hearing at 8:06 p.m.
Martineau stated he would like a consistent reasonable application of the bluff zone requirements and that
he would like Staff to be willing to work with the bluff area in a manner that would allow them to design
the subdivision so it would make sense to the owner as well as the Planning Commission and City
Council. The applicant is sensitive to the bluff issue but in their view it is kind of a moving target at the
present time.
Schoenzeit stated a consensus on the bluff area is important, and recommended that the applicant work
with Staff on that issue.
Curtis stated in her view the dry buildable acreage calculation should exclude the 18 percent slope.
Gronberg asked if that is the area next to the bluff or any 18 percent slopes.
Curtis stated the goal is to protect the bluff area and that a compromise in her view would be that the 18
percent apply to the bluff area.
Gronberg indicated they would like to work with Staff to determine the bluff line.
Curtis stated any slopes over 1,8 percent located within the bluff would not be considered buildable.
Curtis stated the bluff line issue can be discussed between the applicant,the City Engineer, and Staff.
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.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3446 STEVEN D.BLiJM, 1131 WILDHURST TRAIL,SKETCH PLAN, CONTINUED)
Gronberg stated an 18 percent slope is not that steep when it is located out in the middle of a yard without
any bluffs.
Schoenzeit recommended each lot be compliant so that variances will not be needed.
Gronberg asked for how far on Wildhurst the road should be widened.
Schoenzeit stated on the lakeside of Wildhurst the pavement has deteriorated and the street is no longer
standard width. Schoenzeit recommended that with the additional traffic from this subdivision,the road
be upgraded by someone in order to accommodate two cars.
Rahn asked if the road could be angled slightly where it intersected Wildhurst since most cars would not
be taking a left off of Wildhurst.
Curtis stated the right angle configuration is preferred by the City Engineer.
Rahn stated given the nanowness of the road,it would be better if it was curved somewhat,which would
be better than a 90-degree angle.
Rahn noted park dedication fees would likely be required but that he would not be against maintaining a
conservation easement, in lieu of park dedication fees,for the first 10 or 20 feet if that area is not required
for drainage.
The Planning Commission took no formal action on this application.
6. #10-3447 WAYZATA COUNTRY CLUB,200 WAYZATA BOULEVARD,
CONDITIONAL USE PERMIT,8:15 P.M.—8:22 P.M.
Turner stated the Wayzata Country Club is requesting a conditional use pernut for wetland alteration and
land alteration to convert a ditch with wetland qualities to a pond and to excavate to provide for
replacement of the wetland. The Country Club also requests a revision to an existing conditional use
permit for wetland alteration to change the location part of the replacement wetland from a previous
project.
Within the Wayzata Country Club is a major drainage ditch that flows from north to south from the Luce
Line to north of the tennis courts. This ditch drains about 25 acres north of the Luce Line plus most of the
country club's property south of the Luce Line and east of Old Long Lake Road. It is piped under
Wayzata Boulevard. Eventually it flows to Peavey Lake and Lake Minnetonka. The ditch is classified as
a wetland. In 2009 the Wayzata Counhy Club was granted approval to convert the north 1,100 feet of
this ditch to a pond. The project was completed and is successful. The pond serves both storm water and
aesthetic purposes.
The country club proposes to convert the remaining 300 feet of the ditch into a similar pond. This would
alter 8,341 square feet of wetland adjacent to the ditch. It must be mitigated at a 2:1 ratio. The 2009
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16
1
�
MINUTES OF TI3E
ORONO PLANNING COMIVIISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3447 WAYZATA COUNTRY CLUB,200 WAYZATA BOULEVARD, CONTINUED)
project created more wetland and wetland buffer than required. Some of this "crediY'will be used to
partially satisfy the mitigation requirements. The remainder will be satisfied by creating additional
wetland and wetland buffer adjacent to the wetland and wetland buffer west of Old Long Lake Road that
were created as mitigation for the 2009 project.
The 2009 proposal includes a mitigation area on the east edge of the course adjacent to the Ferndale
Green neighborhood. The country club proposes to abandon this mitigation area, substituting the
mitigation credit it has elsewhere on the properly. The project requires approval from the Minnehaha
Creek Watershed District.
Planning Staff recommends approval subject to the following conditions:
1. Provision of a flowage and conservation easement and restrictive covenant over the wetland and
wetland buffer.
2. Provision of an additional$1,500 escrow and a revised escrow agreement for this project and
the 09-3392 project to guarantee establishment of the buffers and compliance with code
requirements,including providing the City with legal descriptions of the wetlands and wetland
buffers.
3. Issuance of a permit or conditional approval of a permit by the Minnehaha Creek Watershed
District.
The applicant had nothing to add to Staff's report.
Acting Chair Schoenzeit opened the public hearing at 8:20 p.m.
There were no public comments regarding this application. .
Acting Chair Schoenzeit closed the public hearing at 8:20 p.m. �
Rice moved,Leskinen seconded,to recommend approval of#10-3447,Wayzata Country Club,200
Wayzata Boulevard,granting of a conditional use permit,subject to the conditions outlined in
Staff s report. VOTE: Ayes 5,Nays 0.
7-11. #10-3448 CITY OF ORONO ON BEHALF OF LA1VI S.PENI�IINGTON,ET AL, 130 BIG
ISLAND,VARIANCE,8:23 P.M.—8:31 P.M.
Turner stated the City of Orono is requesting lot area variances for the following five Big Island
properties:
1. 130 Big Island(Record Lot 10),Lani S.Pennington
2. 750 Big Island(Record Lot 62), Christine Deggendorf
3. 350 Big Island(Record Lot 61),V.C.McClellan and C.A.H. Clancy
4. 470 Big Island(Record Lot 22),Christopher Johnson Bollis
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17
1
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3448 CITY OF ORONO ON BEHALF OF LANI S.PENNINGTON,ET AL,CONTINUED)
5. 240/250 Big Island(Record Lot 63 and Record Lot 67),Fred A.Bruntjen
The required notification of Big Island property owners was done in 1983. However,the lead staff person
left the City's employ that fall. In 1986 a second notification was done. About a year ago Staff began to
update the records of Big Island properties.
Unprocessed applications for the"automatic lot area variance"were found in the files of 130, 750, 350,
and 460 Big Island. With the applications for 130 and 750 there was also an application for a conditional
use pernut to allow the cabin to be used more than 180 days a year. That is no longer the situation. There
appear to have been some issues with the septic system for 350. It was replaced in 2009. 460 and 470
Big Island were involved in a lot line rearrangement that was not approved until 1992.
130, 750,and 350 have always been one tax parcel each so no combinations are required. 470 was
originally four tax parcels. At the time of the lot line rearrangement,three of the four were combined.
The fourth is in a different school district and cannot be combined with the others. A special lot
combination will be required. 460 Big Island was included in the public hearing notice but subsequently
the owner asked that the property not be considered for a lot area variance at this time.
240/250 Big Island qualifies for a lot area variance under 78-568(8). There are only two sets of lots that
would qualify under this provision. The other set is not in common ownership. Combined,these two
record lots total 0.56 acre. The property is still three tax parcels so a tax parcel combination is required.
Planning Staff recommends approval of the lot area variances:
1. With no conditions:
a. #10-3448, 130 Big Island(Record Lot 10)
b. #10-3449, 750 Big Island(Record Lot 62)
c. #10-3450, 350 Big Island(Record Lot 61) ,
2. Conditioned on the owner signing a special lot combination
a. #10-3451,470 Big Island(Record Lot 22)
3. Conditioned on filing of a tax parcel combination
a. #10-3452,240/250 Big Island(Record Lot 63 and Record Lot 67)
Acting Chair Schoenzeit opened the public hearing at 8:27 p.m.
Ted Hanna stated he is here on behalf of his mother,who owns a small lot at 490 Big Island.
Acting Chair Schoenzeit closed the public hearing at 8:29 p.m.
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18
NIINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
(#10-3448 CITY OF ORONO ON BEHALF OF LANI S.PENI�TINGTON,ET AL, CONTINUED)
Feuss moved,Rice seconded,to recommend approval of Application#10-3449, City of Orono on
behalf of Lani S.Pennington, 130 Big Island,granting of a lot area variance;to recommend
approval of Application#10-3450,City of Orono on behalf of V.C.McClellan and C.A.H. Clancy,
350 Big Island,granting of a lot area variance; to recommend approval of Application#10-3451,
City of Orono on behalf of Christopher Johnson Bollis,470 Big Island,granting of a lot area
variance;to recommend approval of Application#10-3452,City of Orono on behalf of Fred A.
Bruntjen,240/250 Big Island,granting of a lot area variance. VOTE: Ayes 5,Nays 0.
12. REVOCATION OF CONDITIONAL USE PERMIT FOR DAY USE RECREATIONAL
AREA,520/530 BIG ISLAND AND REVOCATION OF LOT AREA VARIANCE,630 BIG
ISLAND,8:31 P.M.—8:33 P.M.
Turner stated she was contacted by a representative of Big Island,Inc. They have indicated they will sign
the tax parcel combination form and submit it within the week.
The owner's representative for 630 did stop by City offices and signed the tax parcel combination form so
no action is necessary for that property.
Schoenzeit moved,Rahn seconded,to order public hearings for March 15,2010,to consider
revocation of the conditional use permit granted by Resolution No.3006,if the confirmation form is
not received. VOTE: Ayes 5,Nays 0.
PLANNING COMMISSION COMI��NTS
14. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING CITY
COUNCIL MEETINGS ON JANUARY 25,2010,AND FEBRUARY 8,2010
Schoenzeit reported on the February 8,2010,City Council meeting. There was a lengthy discussion
regarding The Emily Program application,which was eventually tabled.
Schoenzeit indicated he also addressed the City Council as a private resident with regard to the issues that
Media Com has been experiencing with their internet service.
Franchot stated he attended a meeting tonight with the Lake Minnetonka Cable Commission. Franchot
noted the internetlbroadband service is governed by the FCC. The topic of Media Com's customer
service was discussed and the LMCC is spending a significant amount of effort in an effort to improve the
situation.
15. OTHER ISSUES FOR DISCUSSION
None
Page
19
4 , .
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 16,2010
6:30 o'clock p.m.
16. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON
FEBRUARY 22,2010,AND MARCH 8,2010
February 22,2010—Leskinen
March 8,2010—Rice
ADJOURNMENT
Leskinen moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 8:50
p.m. VOTE: Ayes 5,Nays 0.
�V �M� C
Loren Schoenzeit,Acting Chair
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20