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HomeMy WebLinkAbout07/19/2010 Planning Commission Minutes NIINUTES OF THE ORONO PLANNING COlVIlVIISSION MEETING Monday,July 19,2010 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,Linda Feuss,Jon Schwingler,and Denise Leskinen. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning Mike Gaffron, ' Planning and Zoni.ng Coordinator Melanie Curtis,Planner Evelyn Turner, and Recorder Jackie Young. City Council Member poug Franchot was in attendance. � . Chair Kang called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance CONSENT AGENDA Chair Kang opened the public hearing at 6:31 p.m. for Item No. 6. - There were no public comments regarding this application. Chair Kang closed the public hearing at 6:31 p.m. Kang moved,Schwingler seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. ' *l. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JUNE 21,2010 Kang moved,Schwingler seconded,to approve the minutes of the June 21,2010,Planning Commission meeting as submitted. VOTE: Ayes 5,Nays 0. NEW BUSINESS 2. #10-3471 TERRY SCHNEIDER WITH KLINGELHUTZ DEVELOPMENT ON BEHALF `'� OF WOOD�L SENIOR COTTAGES OF NAVARRE,2525 SHADYWOOD ROAD, CONDITIONAL USE PERMIT,SITE PLAN,VARIANCE AND PRELIMINARY PLAT, 6:33 P.M.—7:42 P.M. Terry Schneider,Applicant,was present. ' Schneider noted they did appear previously before the Planning Commission and City Council regarding this parcel a few years ago for an office condo development but did not proceed forward with the project based on the economy. They are now proposing a memory care facility for Alzheimers patients for this site.The building will be similar to a duplex and there will be approximately 10 to 12 residents per side. The purpose of the structure is to maintain a secure, easy space to live in. At the present time they are only proposing one building. Each building would have an enclosed patio area. Schneider stated they are anticipating limited traffic and parking at the facility except for staff. City Staff has already been provided with information on traffic and parking at other similar facilities throughout the area.. PAGE 1 , MINUTES OF THE ORONO PLANNING COMMISSION MEETING � Monday,July 19,2010 6:30 o'clock p.m. (#10-3471 TERRY SCHNEIDER,WOODHILL SENIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD, CONTINUED) Schneider commented they feel this type of use would be a good transition between the church and the � county road and the residential properties to the south and east. The structure will be a one-story building with a steep hip roof due to the footprint and will resemble a large duplex rather than an office building. Schneider stated they feel the buildi.ng fits the site very well but that they will need to remove a fair large number of trees to accommodate the structure. The structure will be built at a lower elevation, along with ' a five to six foot high retaining wall along the church property line,to help screen the facility. Landscaping will also be incorporated into the plan. Schneider noted that usually an assisted living facility requires a 35-foot setback since they typically are two stories. By shifting the structure ten feet,it will provide an additional 10 feet on the south side and would allow for some additional buffering. They are prepared,if necessary,to accept Staff's recommendation on the variance,but that they would like to work with Staff and City Council to see if the ordinance language can be amended to allow a smaller setback on a one-story building. Schneider requested the Planning Commission provide some input on that item. Schneider commented this facility will be a long-term asset for the City and that it will likely be three to four years before construction starts on the second building. They have proposed a number of drainage and grading options for the site. �A wetland delineation report has been completed. A small detached garage is also being proposed for one to two staff vehicles as well as the trash container. Turner stated the applicant is requesting approval of the following: � 1. A conditional use permit for the initial building in a two-building assisted living facility in the B-4 district; , 2. The site plan for the assisted living facility; 3. A side setback variance to place the building 25 feet from the northwest property line adjacent to the international ministerial Fellowship property when a 35-foot setback is required; 4. A plat to combine the three lots that make up the site into one lot,and 5. The vacation of the platted drainage and utility easements associated with the current plat. A site plan review is required for all new non-residential buildings in Orono. This site plan review is for the entire site except the future building. Everything from the street back to the rear of the parking area would be constructed or installed with the proposed building except for the fire department access between the buildings. The rear filtration basins would also be constructed. The wetlands in this area were more extensive than originally thought. A second wetland was found,with the majority of this wetland being located on the adjoining property and a small portion being located on this site. Staff finds that the proposal is consistent with the Community Management Plan. While a sidewalk or trail is indicated along Shadywood Road,the location, design, construction,and source of funding for this sidewalk or trail are unlrnown at this time. PAGE 2 - MINUTES OF THE � - ORONO PLANNING COMMISSION MEETING . Monday,July 19,2010 6:30 o'clock p.m. (#10-3471 TERRY SCHNEIDER,WOODHII,L SENIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD,CONTINUED) A 25-foot setback is proposed from the northwest property line where the adjacent property is also zoned B-4. Assisted living in the B-4 district requires a 35-foot setback from all property lines. The application includes a request for a variance to this requirement. The site is adequately served by police, fire,roads, and storm water management as well as an adequate water supply and sewage disposal system. - The Coxnmission should review the landscaping plan and consider if appropriate screening and buffering has been proposed. The purpose of screening is to make a view more pleasant. The purpose of buffering is to separate two uses that are incompatible. Some of the runoff would flow through two ponds into the pipe system along Shadywood Road. The remainder of the runoff would flow into two ponds and then ultimately into a wetland. In all,the drainage plan would handle whatever water flows onto the property. , The City's consulting engineers have reviewed the plans and fmd that the application complies with applicable shoreland regulations. There are no natural features on the site that can be considered unique. Because the City Engineer's comments and site plan changes will not require changes or significance to the civil plans or the appearance of the building, Staff allowed the applicant to not make changes in these plans until after the Planning Commission review. This will allow the City Engineer's comments and any Planning Commission recommendations to be addressed at the same time: Staff recommends approval of the conditional use pernut and site plan as well as the plat,but denial of the variance contingent upon the applicant providing the following prior to City Council consideration: 1. Revised plans reflecting the most recent site plan and the City Engineer's comments. 2. A revised landscape plan changing the row of azborvitae as recommended by staff and including a wetland buffer improvement plan. Planning Staff recominends the following conditions: , 1. Any additional lighting on the site to be dark sky compliant and not create glare,with the zero A light level at the property line being maintained. 2. The owner providing an escrow and signing an escrow agreement to ensure that erosion and sediment control measures are properly maintained. 3. The owner providing the fmancial securities required by code to ensure that all nonbuilding improvements are properly installed,including sewer and water lines and services. � Kang noted the criteria for a variance was recently changed by the MN Supreme Court and that the . interpretation has changed from the applicant demonstrating reasonable use to requiring that the applicant has to show that the property cannot be put to a reasonable use without a variance,which means that it will be more difficult for a variance to be approved. Kang noted the League of MN Cities is attempting to get that language changed back to allow for mare flexibility on the part of the cities. _ PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 19,2010 _ 6:30 o'clock p.m. M1 (#10-3471 TERRY SCHNEIDER,WOODHII.,L SENIOR COTTAGES OF NAVARRE, � 2525 SHADYWOOD ROAD,CONTINUED) Schneider stated the Supreme Court ruling basically said that the standard that has been used for the past 25 years relating to reasonable use is probably the right standard but that the wording in the state statute does not say reasonable use. Schneider noted there are a number of groups that are contemplating different code language that can be used by the cities when reviewing variance requests. Kang asked if the Planning Commission should be considering rezoning for the parcel that is currently zoned LR-1B. Schneider indicated they are not requesting rezoning with this application. Turner indicated that is not part of this application. The applicant as part of the site plan application is required fo show possible future building sites on the property. Kang asked how many residents are anticipated. Schneider stated there would be a maximum of 12 residents on each side and that there likely will be 20 to 21 residents total. Feuss asked if the units will be rented or owned. ' Schneider stated they would be renting the unit and paying for the service component. There will be staff available 24 hours a day. Schneider displayed the building materials being proposed for the building. Kang asked how the parking needs are determined for a facility of this type. Turner indicated the parking was based on some research done by the applicant and that Staff accepted those assumptions in determining the necessary parking spaces. . Kang noted as it relates to vehicular and pedestrian movement,the rezoning would alter the character of the site such that it would not be compatible with the surrounding area. Turner stated that would need to be addressed at the time the rezoning is requested. Chair Kang opened the public hearing at 7:08 p.m. Julie Lonigan,2565 Lydiard Avenue, stated she is concerned with the overall size of the proposed building, especially as it relates to the size of the church on the adjoining property. The proposed building is approximately twice as big as the church,and if a second structure is eventually constructed, that would amount to a significant amount of massing. Lonigan also expressed a concern regarding the . elevation of the building,the drainage and how that will work on the site. Lonigan also asked how many staff people will be on hand at a given time. . PAGE 4 _ � . . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 19,2010 6:30 o'clock p.m. (#10-3471 TERRY SCHNEIDER,WOODHILL SEIVIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD,CONTINUED) . Kang indicated she will make a note of the question and have Mr. Schneider address that after all the public comments have been received. Janice Berg, 2655 Lydiard Avenue, stated she has a number of concerns regarding this site and that in her opinion a feasibility study should be required to determine the best type of clientele for this site to ensure that the building does not sit vacant. Berg indicated she also has a concern with the traffic in the area. , Traffic on County Road 19 goes over 40 miles an hour,which should be taken into consideration. Kelly Avenue currently floods and it is likely that the runoff from this property will go into Lake Minnetonka. Berg stated she also feels this structure is way too large for the site and that is without the second building consisting of another 12,000 to 13,000 square feet being constructed. As it relates to the conditional use permit,Berg stated she would want some assurances that this facility will not sit empty. Berg asked who will be managing the facility and what their experience is. Berg noted they are not currently changing the zoning on the back lot, and asked whether the zoning in the back would change since it will be platted into one lot. Turner stated there is no request for rezoning of any portion of the site. It may eventually be rezoned to an RPUD or B-4. Berg asked if the size of the building being proposed would fit on the portion of the site that is zoned B-4 without combining the lots. Turner indicated that it does and that no portion of the building would be on the residential=portion of the site. Turner noted this property is over two acres in size so the structural coverage requirements would not apply. Berg commented the City of Orono needs to take a hard look at the Navarre area and what the City envisions for this area and that this application provides a good opportunity to do that. Richard Meyers,2195 Bayview Place,stated it is nice to have a vacant site and that it is naturally upsetting when different structures are proposed on vacant lots,but that in his view this is a good proposal for the site. Meyers stated in his opinion the drainage and other issues can be resolved. Meyers stated he also feels they will not have a problem filling the facility and that it will be a good asset for the City. Telford Thompson, 2636 Lydiard Avenue, stated in his view it is a good proposal and that it is something that every community needs for its residents. Thompson indicated he also believes that this may not be the best location for a facility like this and that there are other locations within Orono that would be better suited for a building this size. Thompson indicated his biggest concern is the amount of hardcover on the properry and that it is . excessive given its proximity to Lake Minnetonka. Thompson stated in his view the variance should not be recommended for approval due to the hardcover and runoff issues. Thompson stated he is not aware of what type of environmental statement was given on this property but that he would be interested in seeing PAGE 5 � MINUTES OF THE ' ORONO PLANNING COMMISSION MEETING Monday,July 19,2010 � 6:30 o'clock p.m. ' , (#10-3471 TERRY SCHNEIDER,WOODHILL SENIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD, CONTINUED) • it. Thompson pointed out.there are a number of environmental reasons for not developing the property other than simply watershed issues, such as a significant amount of wildlife currently in the area,which will be negatively impacted by a development of this size.. Jill Bauer, 2660 Lydiard Avenue, stated she shares the same concerns as Mr.Thompson regarding the wildlife and the negative impacts it will have on the animals in the area. Bauer also expressed a concern regarding the impact that it will have on the traffic. Chair Kang closed the public hearing at 7:22 p.m. Kang noted Staff s report states that given the way the site is currently configured,that there would be no additional drainage onto the adjoining properties. Turner stated that is correct and noted that a drainage plan needs to ensure that no runoff will go onto an adj oining property and that it be directed into catch basins or ponds. The rear portion of the site will drain toward the wetland but the applicant's plan will need to take into account the limitations of the amount of water that goes into the wetland. Turner indicated there are requirements regarding the rate of runoff and how high the level of the wetland can be following a rainfall as well as other requirements. The City Engineer will review the plan and make sure that all of those reguirements are met prior to the plan being approved. Kang stated the drainage and traffic appear to be the.main concerns. Turner stated in her view the issue with the traffic is what currently exists in the area and that this proposal does not trigger the need for a traffic study. . Feuss noted this property is already zoned B-4, is located on an arterial road and not a residential road, and is consistent with the Community Management Plan. Feuss stated the issue is whether this use will have any significant negative affects compared to what currently exists. Schoenzeit asked whether the second building would come back before the Planning Commission. Turner indicated it would need to come back before the Planning Commission as either a site plan and conditional use approval or as part of an RPUD. Schoenzeit commented that Page 12 shows that with two buildings the hardcover would be at 25 percent. Turner stated as it relates to hardcover,the site is only subject to hardcover regulations for the 500 feet going back from Kelly Avenue because it is located over 1000 feet from the lake in the other direction. Turner noted the maximum hardcover for the 500-1000 zone is 35 percent. Feuss asked whether there are any energy conservation elements are being incorporated into the building. Schneider stated they have not finalized the plans for the building at this point but that it will incorporate . some energy conservation. Schneider indicated they are incorporating rain gardens and catch basins to � PAGE 6 MINUTES OF THE = ORONO PLANNING COMMISSION MEETING � Monday,July 19,2010 6:30 o'clock p.m. (#10-3471 TERRY SCHNEIDER,WOODHII,L SENIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD, CONTINUED) help catch the runoff and help filter the water before it reaches the wetland. Currently the site drains to � the south and then to the wetland,which has created the wetland on the property to the south. Once the building is constructed,basically all the runoff from the site will be captured by either the drain basins or the culverts,which will be a major improvement to what currently exists. As,it relates to the grade,the perimeters of the site will remain basically the same. The area that abuts the church will be lowered approximately eight feet to accommodate the building patio and the enclosed patio. From a distance it will not be noticeable. Schneider pointed out that this type of use generates the lowest traffic of any use for the B-4 district: This area is guided for the option of high density housing. . The project will not meet the density requirements of the Metropolitan Council but it will satisfy the Metropolitan Council's goals for lifestyle housing and population. Schneider indicated Prairie Cottage will be running the facility and has enjoyed a good reputation over the years. There will be 24-hour staff, a full-time nurse for each building as well as a couple of nursing aides. . Kang stated a letter from Frank Masserano of International Ministerial Fellowship has been received. � Kang noted Mr.Masserano would not have any objection to the variance request if the applicant agrees to not to cut down or otherwise remove any trees or shrubs presently on the remaining 25 feet of land between this property and their property. Turner stated generally the City does not require a buffer between two commercial uses. Kang indicated she is not in favor of the variance but that the CUP looks fine. Kang noted Item No. 8 relates to the traffic and that the parking ratios appear to be satisfactory in Staff's report. - Feuss stated in her view this use would have less impact on traffic and parking than another use. Leskinen and Schwingler indicated they are in agreement with Commissioner Feuss on the traffic and parking. Leskinen stated the City's goal is not to make the traffic in this area significantly worse,which would not happen with this application. � . Kang stated she is somewhat confused by Item No. 12 which states,"Achieves a maximum of safety and convenience of vehicular and pedestrian movement. The Community Management Plan as reflected in the zoning anticipates a change in character of the property to the southeast of this site and the vacant � properties to the north from residential to commercial. The application should be considered in light of this change." Kang asked what that item relates to. ' Turner stated she attempted to group similar topics together since there is some overlap with the two � requests and that Item No. 12 probably should have been included with Item No. 9 because it addresses the traffic issue. Feuss noted the Community Management Plan has already approved this site for commercial use. . PAGE 7 MINUTES OF THE , ORONO PLANNING COMMISSION MEETING Monday,July 19,2010 6:30 o'clock p.m. (#10-3471 TERRY SCHNEIDER,WOODHII.L SENIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD, CONTINUED) Kang noted there i"s general agreement on the Planning Commission regarding the landscaping plan but that there was some concem the arborvitaes may become too much of a wall over time. Turner stated a hedge would be appropriate and that Staff would like to see some less formal landscaping transitioning between the building and the wetland area as well as perhaps along the parking area. Kang stated she does not see an issue with Item No. 20. Kang asked whether the Planning Comxnission should make a motion approving the vacation of the easements. Turner stated the Planning Commission can make a recommendation to approve the vacation and preliminary plat and that the City Attorney will handle the issue of making sure that one is filed before the other. Feuss moved,Schwingler moved,Application#10-3471,Terry Schneider with Klingelhutz Development on behalf of Woodhill Senior Cottages of Navarre,2525 Shadywood Road,(1)to recommend denial of the side setback variance because the applicant would have reasonable use of the property if the building were occupied by any of the allowed uses that require only a 15-foot side setback; (2)to recommend approval of the conditional use permit and site plan for the first building of a two building assisted living facility,subject to the conditions recommended by Staff and compliance with the requirements for granting a conditional use permit and site plan approval; and(3)to recommend approval of the vacation of the easements and preliminary plat in the application,with the condition that all required drainage and utility and drainage easements will be provided for on the new plat. VOTE: Ayes 5,Nays 0. 3. #10-3476 DAVID NETJES,550 EAST LONG LAKE ROAD,CONDITIONAL USE PERMIT,7:42 P.M.—7:55 P.M. David Netjes,Applicant,was present. Turner stated the applicant is requesting a conditional use permit for grading of the property to prevent erosion onto East Long Lake Road and to provide level areas for a tennis court and a water cistern for fire protection. The teruus court and water cistem themselves are not part of the application. Staff recommends approval subject to the following being provided prior to City Council consideration: 1. A revised grading plan providing a 30-foot setback for the west retaining wall. 2. A revised rain garden plan reflecting the City Engineer's recommendation. 3. A plan showing the location of any trees six inches or greater in diameter near the bluff that would be removed to accommodate the project and provide for the replacement of the trees on a one-to-one basis in a nearby close to the top of the bluf£ If there are no such trees,a statement by the surveyor will be sufficient. And with the following conditions attached to the CUP approval: PAGE 8 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 19,2010 . 6:30 o'clock p.m. (#10-3476 DAVID NETJES,550 EAST LONG LAKE ROAD,CONTINUED) 1. Before the project commences;a zoning permit for land alteration, a building pernut for the retaining walls, and an erosion control permit must be obtained from the City,and copies of any required MCWD,and PCA permits provided to the City. 2. The owner will provide an escrow and sign an escrow agreement to ensure that erosion and sediment control measures are properly maintained,any required replacement trees are installed,and any damage to City property is repaired. The Community Management Plan calls for this property to remain as a single-family area with lots at least two acres in size. It also calls for preservation of significant views. The view of the wooded slope on the north and west sides of the property would be considered significant. - The south 30 feet of the retaining wall on the west side of the property is too close to the top of the bluff. The south end of the wall needs to be shifted east about 20 feet. This can be easily done without disrupting the rest of the plan for this area. Planning Staff recommends approval of the conditional use permit. David Netjes stated the property was foreclosed upon and sat empty for a while,which has resulted in a large amount of deferred maintenance in terms of landscaping and grading. In addition,the septic system was not operational at the time of purchase,so they did receive approval to hook up to the city sewer and remove the existing mound system,which resulted in the entire yard being torn up because the system was very extensive � Chair Kang opened the public hearing at 7:46 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 7:46 p.m. ' Feuss asked for clarification on whether the views from the north and west will be changed at all. Turner stated the only thing that would impact those views would be if there are any large trees proposed to be removed. ', ' Feuss asked if the recommendation is to approve the conditional use pernut for the grading but to require the applicant to submit a tree inventory. Turner stated Staff would like to see a plan showing any trees six inches or greater that are proposed to be removed and that they would like to see the trees replaced. Kang noted that is one of the conditions Staff is recommending be placed on the approval. Leskinen asked whether a large number of the trees will be removed. PAGE 9 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING ' Monday,July 19,2010 � 6:30 o'clock p.m. . (#10-3476 DAVID NETJES,550 EAST LONG LAKE ROAD, CONTINUED) . Netjes stated there is a black oak tree that is very,very old that will be removed. In the area of the sports ' court, 15 to 20 trees in total will be impacted by the work. Seven or eight of those are over six inches and Netjes indicated he would be happy to replace those. � . , Leskinen asked whether soils will be brought onto the site due to the septic removal. � Netjes indicated this was a very hilly lot and that one of their goals is to construct some rain gardens to slow the runoff down and that they will be bri.nging in some dirt to help level out the grade. The best . estimate of the fill required is between 900 and 1100 cubic yards but they will not have a defuute number until the cistern is constructed. Some dirt has been stockpiled on the property in conjunction with the removal of the drainfields. Kang moved,Feuss seconded,to recommend approval of Application#10-3476,yDavid Netjes,550 East Long Lake Road, granting of a conditional use permit for grading in excess of 500 cubic yards, subject to the conditions outlined by Staff in its July 19,2010,report. VOTE: Ayes 5,Nays 0. 4. #10-3477 JOHN ROEDEL,4725 NORTH SHORE DRIVE,VARIANCE,7:55 P.M.—8:16 P.M. John Roedel,Applicant,was present. Curtis stated the applicant is requesting a 75-250 foot zone hardcover variance in order to add a pervious patio on the lakeside of the home. The applicant recently purchased the new home at 4725 North Shore Drive. In 2007,a building constructed a spec home on this property. At some point between 2007 and 2010 the property went back to the bank and never received a certificate of occupancy. Additionally,the builder made unapproved changes to the building construction plans which were inconsistent with the plans approved with the variance resolution. These changes removed a second story deck(and potential grade level patio under the deck)and added two floors of home to the footprint. The building permit hardcover matched the variance hardcover;however,the builder eliminated an outdoor living space which the new owner would - like to have. The applicant would like a 75-250 foot zone hardcover variance in arder to allow installation of a 187 square foot paver patio. The property is a new construction which received hardcover variances in order to construct the 2,012 � square foot home and 1,113 square feet o driveway and sidewalks within the 75-250 foot zone. The applicant is proposing to exceed approved hardcover by 187 square feet with the patio. They are also proposing to use pervious pavers. Staff finds that the applicant has a reasonable use of the property and the hardcover proposed is not supported by a hardship. Further,the applicant has not demonstrated that enforcing the hardcover provisions of the Zoning Ordinance deprive the applicant of the reasonable use of their property. Roedel stated they are the new owners of this property and that the property when they purchased it was infested with thistles and weeds and vacant for over two years. In the lower level of the home,there are � PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 19,2010 6:30 o'clock p.m. (#10-3477 JOHN ROEDEL,4725 NORTH SHORE DRIVE, CONTINLTED) three patio doors going to the outside but no patio. They would like to improve the property further and have attempted to comply with the City's regulations since they purchased the property. Roedel stated on Pages 2 and 3 of his handout,it shows the installation of a heated driveway,which the City required. The entrance of the driveway is shared by two properties and they paid for the installation of the heated driveway at a cost of$50,000. They also put in mulch around the house. When the landscaper put down the mulch,some landscape fabric was also installed. Roedel stated the fabric apparently affected the hardcover numbers and they subsequently ripped out the fabric in order to comply with the City's requirements. }. . Roedel stated they are looking for a 4.2 percent increase in hardcover. They have become aware of the Supreme Court ruling recently but were not aware of it prior to it being approved. The ruling was filed on June 24�'and the variance request was filed on 6-22. They had already purchased the home and lrnew nothing about the impending ruling. . , Page 7 of the handout states,"Because the garage was constructed before the ordinance became effective, however,the garage is a pernussible nonconformity and would be grandfathered in. Roedel reiterated that his variance application was fled before the Supreme Court ruling came out. Page 8 shows where the neighbor objected to the rising of the building stxucture,which is what precipitated the Supreme Court ruling. There are eight neighbors around this property and all eight neighbors have signed the form indicating their support of the patio. Page 10 shows that municipalities have broad discretionary powers to grant a variance and they would request the Planning Commission recommend approval of their request. Roedel stated they are proposing that under the patio they remove the hard clay and replace it with sand. Page 21 shows the permeability ratios between sand and clay. Sand is clearly more permeable than clay. Roedel indicated that Kristi has multiple sclerosis and needs to walk on hard,level surfaces. There is an easement for an electric tram going down to the lake,which was one of the big attractions of the lot. The Minnehaha Creek Watershed District,under their Stormwater Management Rule,regard pervious pavers as green and that they are proposing to put sod down over the sand and install the pervious pavers over it. This would help balance out the looks of the home. From a scientific standpoint,between what currently exists and what they are proposing, a greater amount of perviousness would be created with the sand and the pervious pavers. ; Chair Kang opened the public hearing at 8:07 p.m. . There were no public comments regarding this application. ` Chair Kang closed the public hearing at 8:07 p.m. . Y Schoenzeit asked whether the patio was approved in the original house plans. PAGE 11 ♦ MINUTES OF THE ORONO PLANNING COMMISSION MEETING • Monday,July 19,2010 - 6:30 o'clock p.m. (#10-3477 JOHN ROEDEL,4725 NORTA SHORE DRIVE, CONTINUED) Curtis stated it was not. The builder only proposed a patio under the second story deck. What changed at the time of the building permit is that the patio doors were installed, so Staff made an accommodation for some little landings at each patio�door. , Roedel stated it was his understanding the patio was approved with the original plan. Curtis stated the builder proposed a main floor patio under the second story deck. . Curtis displayed the original plan on the overhead. The original application showed a jog in the home with a deck off of the kitchen. The building permit application depicted the deck as house and Staff did not catch that change because the deck structure was akeady there on the original plans and the structural and hardcover numbers did not change. Feuss asked what the City's position is on the pervious pavers. Curtis stated the City Council has decided not to allow a reduction in hardcover for pervious pavers. Kang stated while the applicant did have his variance application in to the City prior to the Supreme Court , ruling,that fact unfortunately does not change the ruling. Curtis pointed out the actual law did not change but that they were told they were interpreting the statute incorrectly. Curtis noted there is no grandfathering under the statute. Leskinen stated even though the applicant applied for their variance on June 22°a,their application was not reviewed and approved prior to the Supreme Court ruling. . � Feuss stated the state legislature has basically tied the City's hands with regard to variances given the language in the statute,and until that language is changed, if there is a reasonable use of the property,the. City is unable to grant a variance. If there is no reasonable use of the property without a variance,that would be considered a hardship and the City can grant a variance. Kang indicated that is also her interpretation. ;Roedel stated they are talking about the perviousness of the ground and that sand will allow for more runoff and be an environmentally better solution. Kang stated the City of Orono still counts pervious pavers as hardcover but that she understands what the applicant is saying. . � Schoenzeit recommended the City Council do further research on pervious pavers and their benefits to encourage more people to use them. Kang stated she does not see any place in the ordinance to grant the variance. Schoenzeit stated the applicant is free to take their case to the City Council or wait for the language to be changed by the legislature. . PAGE 12 MINUTES OF THE ' ORONO PLANNING COMMISSION MEETING Monday,July 19,2010 , 6:30 o'clock p.m. , (#10-3477 JOFIN ROEDEL,4725 NORTH SHORE DRNE, CONTINUED) Lesldnen moved,Kang seconded,to recommend denial of Application#10-3477,John Roedel,4725 North Shore Drive. VOTE: Ayes 4,Nays 1,Schoenzeit Opposed. . Schoenzeit stated the request is reasonable in his opinion but prevailing law does not permit it. 5. #10-3479 PHII.,LIP W�PLE,3095 CASCO POINT ROAD,VARIANCE, 8:16 P.M.— 8:16 P.M. ` Kang moved,Schoenzeit seconded,to table Application#10-3479,Phillip Whipple,3095 Casco Point Road,at the request of the Applicant. VOTE: Ayes 5,Nays 0. *6. #10-3481 and#09-3417 NICHOLAS AND JODEEN KOZLAK, 1635 BOHNS POINT ROAD,VARIANCE RENEWAL Kang moved,Schwingler seconded,to recommend approval of Application#10-3481,Nicholas and Jodeen Kozlak, 1635 Bohns Point Road,renewal of variances. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS 7. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING CITY COiTNC�MEETINGS ON JLTNE 28,2010,AND JULY 12,2010 Kang reported on the June 28`�'City Council meeting and noted there was a brief discussion regarding Long Lake's water capacity as well as a discussion on possible street and utility improvements. The City Council looked at which roads should be prioritized and the possible funding of the proj ects. � Kang stated at the July 12`�'City Council meeting there was a presentation by the Orono Youth in Action on banning smoking in the city parks and a presentation by the city auditors. The Welsh Companies assisted living application was approved. 8. OTHER ISSUES FOR DISCUSSION Kang stated at the City Council work session,there was a discussion regarding the Supreme Court ruling. Staff sent out an e-mail to the commissioners on the Supreme Court ruling. . Curtis stated a number of cities are reviewing their codes in light of the ruling but that basically the MN Legislature will need to respond and change the hardship language. ' Feu'ss stated the City may want to revisit those variances that have been routinely granted over the years to see what has typically been approved over the years. � ` . PAGE 13 � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 19,2010 6:30 o'clock p.m. (OTHER ISSUES FOR DISCUSSION,CONTINUED) Curtis stated there are also a number of DNR shoreland regulations that are being redrafted to restrict hardcover even further from what is currently allowed but adding a mitigation component. Curtis noted Staff has changed their procedures somewhat and that they now review the building permit applications for changes since they are already familiar with the plan. Kang stated it was her understanding that as a result of the Supreme Court ruling,the City may be required to change some of their codes. Kang stated the City should do more to encourage people to utilize pervious materials. Schwingler stated currently the City does not have a way to relieve that undue hardship and that some changes may be necessary to relieve that undue hardship. 9. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON JLTLY 26,2010,AND AUGUST 9,2010 July 26,2010—Linda Feuss August 9,2010—Jon Schwingler ADJOURNMENT Leskinen moved,Schwingler seconded,to adjourn the Orono Planning Commission meeting at 8:34 p.m. VOTE: Ayes 5,Nays 0. � , �� Kim Kang, C ir PAGE 14 '