HomeMy WebLinkAbout11/21/2011 Planning Commission Minutes r� :
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MINUTES OF THE
ORONO PLANI�ING COMMISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Loren Schoenzeit,Commissioners Lizz Levang,Denise Leskinen,Kevin Landgraver, and John
Thiesse. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning Mike
Gaffron,Planning Coordinator Melanie Curtis,and Recorder Jackie Young. Council Member poug
Franchot was present.
Chair Schoenzeit called the meeting to order at 6:30 p.m.,followed by the Pledge of Allegiance.
CONSENT AGENDA
Item No. 6 was added to the Consent Agenda.
Schoenzeit moved,Levang seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
*1. APPROVAL OF PLANIVING COMMISSION MEETING MINUTES OF
OCTOBER 17,2011
Schoenzeit moved,Levang seconded,to approve the minutes of the Orono Planning Commission
meeting of October 17,2011. Chair Schoenzeit requested that the fourth paragraph under Consent
Agenda be changed to read Item No.5 instead of Item No.4,and the first line of the fourth
paragraph under Item 2 read 38 feet instead of 28 feet. VOTE: Ayes 5,Nays 0.
NEW BUSINESS
2. #11-3530 MIKE SEELAND ON BEHALF OF RYAN COMPANIES US,INC.,2725
WAYZATA BOULEVARD WEST,CONDITIONAL USE PERMIT,6:34 P.M.-7:29 P.M.
Mike Seeland,Property Resources; Casey Hankinson and Pat McCann,Ryan Companies,were present.
Ben Gozola, stated the applicant is requesting a conditional use permit to repurpose the 96,414 square
foot building located at 2725 Wayzata Boulevard for use as mini-storage.
Gozola depicted the layout of the site on the overhead. The area to the south is slated for future industrial
development. There is currently parking on the north and eastern portion of the building. To the south is
an area of hard packed gravel and some debris. Removal of the debris would be required as a condition
of approval. There is also a fair amount of vegetation to the east of the building. To the north there is
some pole lighting. The additional lighting would be similar to what currently exists. The area in red
depicts the fencing.
A one-employee office fronting Highway 12 would be used to manage the site, sell retail packing goods
such as boxes, and would be used to rent out Budget moving trucks and the mini-storage units. A portion
of the building,along with an area currently dedicated for parking,would be repurposed for outdoor
storage. An existing business, Core Tubes,LLC,would remain in their current location but would
� transition to additional interior mini-storage units once they leave. The areas in green depict the existing
lighting on the site. Additional lighting would be added towards the rear of the building.
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MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
The proposed use is both anticipated and supported by the Comprehensive Plan. Provided all conditions
herein are met,the proposed use appears to be in compliance with all general zoning code requirements.
The proposed use is also compatible with adjacent present and future anticipated land uses and conforms
with all applicable performance standards.
Gozola noted the applicant is propbsing to erect a 7-foot tall fence to enclose the existing parking lot to
the east of the building and the southwest portion of the building that is being removed. Both areas are
intended to be used for outdoor storage. Atop the 7-foot fence,the applicant is proposing to install one
foot of barbed wire angled to the interior of the property. The existing fencing along the eastern border is
only six feet tall and is already screened by a mixture of trees,bushes and other vegetation. It is Staffs
preference that the existing 6-foot fence in this area be retained and supplemented with the barbed wire.
The open outdoor storage area is surfaced with concrete or bituminous. All proposed storage areas are set
back five feet from property lines and are not within drainage and utility easements. The proposed site
improvements and use of the building should tend to increase surrounding property values.
The proposed use will be adequately serviced by public services and stormwater facilities. Engineering
has reviewed the plans for conformance to prior site development plans and finds the proposal will not
impact anticipated drainage. The existing link between the subject building and the building to the west
will be removed as the site is prepared for the proposed mini-storage business. Final details for
stormwater drainage can be worked out during the building permit phase according to the engineer.
The site will be serviced by municipal sewer and water,and capacify exists in both systems to
accommodate the use.
The proposed mini-storage operation is consistent with existing and anticipated land uses on surrounding
parcels.
The proposed uses will result in an improvement to the character of the existing site in that all refuse and
junk on the southern portion of the property will be removed and subsequently replaced with fencing and
screening of all proposed exterior storage areas. The resulting character of the lot will be in confornuty
with adjacent land uses both now and into the future.
The existing parlcing area on the eastern property line of the site is proposed to be used for outside storage
as part of this use. As a condition of approval, Staff is recommending that all such storage either be
within a vehicle or on wheels. This will ensure the area is continued to be used essentially for"parking"
rather than"outdoor storage,"and that all materials could be moved quickly if need be. This will also
ensure the drainage easement in this area is free of obsiructions. Engineering has reviewed this proposal
and finds that drainage would continue to work as planned given this scenario.
All of the uses proposed by the applicant are anticipated uses within the industrial zoning district, and the
applicant has shown a willingness to meet code requirements related to screening and general site
improvements. As all surrounding properties are guided for industrial type uses,we do not see any way
in which the proposed application will impact"enjoyment"or"use"of adjacent lands.
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MINUTES OF THE
ORONO PLANNII�TG COMMISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
The applicant's site plan shows adequate screening will be provided to address all outdoor storage ,
concerns. All other storage activities will occur indoors and should not create any undesirable views.
The DRC did not identify any ways in which the proposed use would create traffic,parking or vehicle
safety issues. Mini-storage is not a use that generates excessive daily trips, and one or two on-site
employees for the retaiVrental office will not create an impact. The applicant has stated the grounds will
not be used for staging of off-site activities. Engineering has reviewed the proposed storage areas and
loading bays to confirm that adequate turning radii exist within the facility.
Hardcover on this lot is limited to 85 percent of the gross lot size. Based on a lot size of 251,341 square
feet,the maximum hardcover on this lot is 213,640 square feet. The existing hardcover on the lot totals
239,779 square feet or 95.4 percent of the lot. The applicants are proposing hardcover in the amount of
90.6 percent of the lot,thereby reducing overall hardcover by 4.8 percent through various site
improvements. "
The applicant's lighting plan shows how all proposing lighting fixtures along tlie eastern property line
will meet the required five foot side yard setback,be down directional and will not impact adjacent
property.
Staff recommends approval of the request subject to the following conditions:
1. The open,outdoor storage areas shall not be used for storage of hazardous liquids,solids, gases,
or wastes.
2. The open,outdoor storage areas shall be kept free of refuse,trash,debris,weeds, and waste fill
at all times.
3. All open, outdoor storage shall occur outside of drainage and utility.
4. The existing link between the subject building and the building to the west shall be removed
prior to the opening of the proposed mini-storage operation.
5.� All refuse and junk on the southern portion of the property shall be removed prior to the opening
of the proposed mini-storage operation.
6. Storage of materials which produce smoke,noise, glare,vibration, odors,fumes, dust,electrical
interference,general unsightliness,or other nuisances as defined by Orono City Code shall be
prohibited.
7. Storage bays shall not be used to manufacture, fabricate,or process goods to service or repair
vehicles, small engines or electrical equipment, or conduct similar repair activities,to conduct
garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity
on the site.
8. Individual storage bays or private postal boxes within a self-service storage facility use shall
not be considered premises for the purpose of assigning a legal address.
9. All open,outdoor storage shall be on wheels(e.g.within a vehicle,a trailer,or other easily
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MINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING
Monday,November 21,20ll
6:30 o'clock p.m.
transportable device).
10. Access deemed acceptable to the fire chief shall be provided at all times for emergency vehicles.
11. Dry stacking of boats shall be prohibited.
12. No more than two employees shall work in the retail/office store at one time.
13. The grounds shall not be used as a staging ground for deploying employees or assigning of
moving duties.
14. All proposed signs shall conform to code requirements for signs in the industrial zoning district.
15. Landscaping plans deemed acceptable by the City Engineer/landscape architect shall be supplied
at a time of building permit, and shall provide required screening from the south and east as
deemed necessary.
16. Fencing parallel to Wayzata Boulevard shall utilize slats or another screening mechanism deemed
acceptable by the City Engineer.
17. The applicant shall provide a limited and updated survey and design south of the east parking lot
and new access road to the south end of the building. Drainage shall be routed south for EOF
purposes unless otherwise approved by the City Engineer.
18. The applicant shall obtain all necessary permits and approvals from the City and other applicable
entities with jurisdiction prior to any construction.
19. Construction shall follow the survey and plans as submitted or as required to be updated by
the City Engineer.
20. The City Engineer shall have the option to inspect the property at the applicant's expense during
the construction process to ensure ongoing compliance with all engineering requirements.
21. The conditional use permit shall expire one year from the date of resolution if the use is not
established; City Council approval will be required for any subsequent extension.
Leskinen asked how many employees the existing business has. .
Gozola indicated he does not have that information.
Schoenzeit asked what the hours of operation will be of the mini-storage.
Gozola indicated the mini-storage units would be accessible 24/7 but that the office for the storage facility
would only be open a portion of the time during the week and limited hours on the weekends.
Schoenzeit asked if they will be performing maintenance on the trucks.
Gozola noted that Staff has included a condition prohibiting maintenance.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
�, Monday,November 21,2011
6:30 o'clock p.m.
Landgraver asked where the rental trucks would be parked.
Gozola stated his assumption is that the trucks would be parked in the area near the entrance or towards
the back.
Landgraver asked whether gaining access to the outdoor storage facility has been reviewed.
Gozola stated the City Engineer was asked to review that item and did not raise any concerns.
Landgraver asked where the building would be cut off. '
Gozola illustrated on the overhead the area of the building that would be removed.
Thiesse asked whether there is any concern regarding the outside parking as a frontage on Industrial
Boulevard.
Gozola stated he does not envision any concern and they do meet all setback requirements.
Thiesse asked whether it would become frontage on the front of the right-of-way.
Curtis stated it would be considered a front yard. Curtis noted with a previous application one of the
concerns was the vegetative screening of the outdoor storage area on the Industrial Boulevard side. Curtis
asked whether the fencing in that area would be consistent with what was approved in the other
application.
Gozola stated it is his understanding the screening would be similar. The applicant is also proposing a
number of additional plantings.
Curtis asked what the setback is from the fence to the south lot line. Curtis noted the applicant's plan
appears to be 25 feet.
Gozola noted the fence would be seven feet tall and would have barbed wire on the top facing towards the
inside. '
Thiesse asked whether barbed wire exists in other parts of Orono. Thiesse asked what the purpose of the
barbed wire is and commented that it should perhaps be facing the other way.
Gozola commented the applicant does have a few other similar facilities throughout the Metro area and
have probably found this type of security works the best for their use. �
Landgraver asked whether there are any restrictions on the height of anything that is stored in the outside
storage area. ,
Gozola stated in that regard,the Planning Commission should look at the screening and the City's
requirements. Gozola noted the Planning Commission can also add a height restriction on the outdoor
storage as a condition of approval.
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MINUTES OF THE
ORONO PLANIVING COMIVIISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
Thiesse noted the Budget trucks would be 12 feet tall and it would be difficult to screen them.
Levang asked as it relates to the outdoor storage on the western property line whether there would just be
fencing in that area or slats.
Gozola stated to his understanding that is just fencing and that slats could be required along that side as _
well.
Levang noted the occupants of the other building would be able to see through the fencing if slats were
not added.
Curtis noted that building is currently empty.
Mike Seeland,Property Resources,thanked the Planning Commission for considering their application.
Seeland stated as it relates to the number of employees of the existing business,they currently have
between four and five employees and they will be accessing the building from inside the security fence.
The hours of operation of the office for the outdoor storage will be Monday through Friday from 9:00 to
5:00 and on Saturday from 8:00 to 3:00. Seeland noted 24/7 access for all people will not be granted.
There will be no maintenance performed on the rental trucks apart from a 10-point check of the vehicle
prior to it leaving the lot. There will be no maintenance people located on site. In terms of parlcing,the
rental trucks will be parked inside the fence.
Seeland pointed out there is a section of the building that extends upward on the north line that will be
removed.
The fence with the barbed wire is meant as an obstacle but it would be preferable if the barbed wire could
be moved facing outwards. The majority of the entrance space to the facility will consist of two gates,
with a separate gate for people exiting the site. The exact length of those gates at this point has not been
determined. The gates will pivot and not slide due to snow. Seeland indicated they would prefer that the
fence be decorative on the side of the entrance rather than chain link fencing.
, Seeland displayed some photographs of the facility in Eden Prairie depicting the type of gate that they
would like to use.
Landgraver asked who their typical clients are.
Seeland stated approximately 75 percent of their customers are residential homeowners,with a large
amount of them being women. Due to their customer base,Ryan Companies needs the facility to appear
and feel safe. Twenty-five percent of the customer base is commercial users. Activity would be
restricted in the storage units as well as the use of electricity. The placement of the lights provides light
into each of the units.
Seeland displayed a picture of the inside of one of the storage units at another facility. There will be
approximately 48,000 square feet of storage available. The units are not heated and the temperature
inside the units would be consistent with the outside temperature. Seeland displayed a picture of the
facility located in Mound and a picture of the items that would be displayed and offered for sale in the
office. �
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
Seeland stated as it relates to the fence,they would prefer a decorative fence along the front with some
landscaping. As it relates to the height of the stored items, some of their customers will be storing RV's,
which are rather tall, as well as the rental trucks,and those items will be higher than the fence.
Gozola stated he would look at that as more of a parking use than outdoor storage: The applicant can
currently have larger vehicles parked on the site and would not change with the new CUP. Gozola noted
Staff would have an issue with parking of trailers with goods of them on the site.
Landgraver noted there is a requirement that all outdoor storage be on wheels. Landgraver asked whether
the rental fleet would be stored more towards the front.
Pat McCann stated the truck rental business will have a dedicated spot towards the front of the building
where they will be dropped off and then the trucks will be moved towards the rear once the office is open.
The goal is to try to have everything within the fence line at all times but there will be some transient
traffic as people return the trucks.
Seeland stated there will be a short period of time that it will be parked out front if the truck is returned on
a Sunday.
Landgraver noted lighting will be added in the rear,but that there does not appear to be any lighting
depicted on the plan.
McCann stated there is lighting in that area depicted on the lighting plan but it did not get transferred over
to the layout depicted on the overhead.
Levang asked how many RV's are anticipated to be stored on the site.
Seeland stated there are 38 spaces in the back area and that it is a market driven need.
McCann pointed out they did create a 30-foot aisleway,which would accommodate an RV and would
limit the number of RVs that they would be able to accommodate on the site. Tractor trailers would need
to be handled on an individual basis and would need to be backed in.
Seeland stated they do not anticipate storage of tractor trailers.
Gaffron asked where the boat storage would be.
McCann stated they would be in this area right here. They will be able to store 20 to 30-foot boats.
Gaffron commented that one of the benefits of having an outdoor storage facility is that the boats
currently stored in residential areas will be able to be relocated to this facility.
McCann stated the 7-foot fence with barbed wire will prevent people from jumping over the fence. It is
important for security reasons that the police department are able to see inside. They do provide the
police deparhnent and fire department with their own code to the lock box so they can access the site if
need be. ,
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MINUTES OF THE �
ORONO PLANNING CONIlVIISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
Thiesse asked whether the signage is okay for this site.
Gozola indicated the signage will need to meet City Code requirements. The applicant is proposing some
signage along Highway 12 and some wall signage. Those plans have not yet been provided.
Chair Schoenzeit opened the public hearing at 7:15 p.m.
There were no public comments regarding this application.
Chair Schoenzeit closed the public hearing at 7:15 p.m.
Landgraver asked if there is an issue with having 20 to 30 feet wrapped boats that close to the street and
whether that changes the nature of the industrial zone.
Schoenzeit noted what is being proposed passes code.
Gozola recommended that if there are any additional conditions the Planning Commission would like to
add,they should be added now. t
Levang stated she would like to have the Planning Commission considering requiring the boat storage to
be located toward the rear. Levang commented she does have a concern with the appearance of the site.
Landgraver stated the height of an RV is probably the maximum height.
Gozola asked whether it is possible on the southern portion of the fence near the building to amend that
island to add some tall growing vegetation that would screen the vehicles parked on that side of the
building.
McCann,stated the restriction is the existing medians. If they go back and remove curbs and bituminous
pavement,it could be a problem since it may impact the drainage. McCann indicated they could look at
that area again to see if additional landscaping will fit in that area.
Seeland stated from a traffic standpoint,the building will provide a screen from Highway 12. There is
also another building to the east of the storage area that would also screen the site.
Casey Hankinson stated if you look on the site plan,this is a 96,000 square foot building and it is very
deep. ,
Landgraver stated in his view the taller vehicles should be located further back.
Thiesse asked how things would be covered and whether there would be makeshift covers utilized.
Thiesse commented the facility in Mound looks nice.
McCann stated the majority of the motor homes are stored in a heated or enclosed space. The majority of
the boats are getting professionally shrink-wrapped. Due to the economy,there are a number of empty
warehouses and people are taldng advantage of them.
Seeland stated a big part of what they sell is the easy accessibility.
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MINUTES OF Tl�
ORONO PLANNING COMMISSION MEETING '
Monday,November 21,2011
6:30 o'clock p.m.
McCann noted in that particular area where there is no median,there will need to be a gate monitor but
they could possibly add some vegetation on that side.
Schoenzeit recommended there be sufficient screening for the items stored along the building edge.
Curtis noted RVs are generally up to 14 feet tall, and asked if boats that would exceed the 14 feet would
be able to be stored.
McCann stated to his recollection the stalls are 28 feet deep,and that if there is something that high,it
would likely need to be stored in the back of the lot.
Levang asked who owns all the trash located on the south side of the lot.
Hanldnson noted that trash has been removed. There is a trailer currently on site in anticipation of the
demolition of the building.
Levang noted on Page 11 one of Staff's recommendations is that no more than two employees will be
working at one time,and asked if that is okay with the applicant.
McCann stated typically they have one full-time manager and a part-time person that will come in on the
weekends. McCann commented the facility has relatively low traffic.
Seeland noted there could also be someone from Ryan Companies on site periodically.
Gozola indicated he does not have a problem with having three employees on the site at one time.
Landgraver commented he likes the suggestion for the landscaping by the entrance.
Landgraver moved,Levang seconded,to recommend approval of Application#11-3530,Mike
Seeland on behalf of Ryan Companies,US,Inc.,2725 Wayzata Boulevard West,granting of a
conditional use permit,with the additional requirement of a landscape plan that would incorporate
vegetation around the gate to help screen items along the building;to allow up to three employees
on site at one time; and subject to all other conditions outlined in Staffls report.
VOTE: Ayes 5,Nays 0.
3. #11-3531 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE,LLC,4550
WOLVERTON PLACE,SUBDIVISION,7:29 P.M.—7:54 P.M.
Lori Gherardi,Applicant,was present.
Curtis stated the applicant is requesting subdivision approval to create one additional5-acre lot. Only one
new, additional building site will be created.The property is located within Foxfyre Estates and is
bordered by McCulley Road on the west,Wolverton Place on the south,and on the east by Chippewa
Third Addition. The Painters Creek development exists across the Luce Line to the south.
� Page 9
� MINUTES OF THE
' ORONO PLANNING COMIVIISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
Tract A is proposed to contain 5.05 acres total. Based on the submitted wetland delineations,only 4.8
acres of this lot is dry buildable. The subdivision will result in 677 feet of frontage along Wolverton
Place. Potentially all of the required RR-lA district lot line setbacks can be met.
Tract B is proposed to contain 5.05 acres total. Based on the submitted wetland delineations, only 4.98
acres of this lot is dry buildable. This lot is proposed to have 474 feet of frontage along Wolverton Place.
The access to Tract B is currently via the existing driveway which cuts through proposed Tract A. Al�
required RR-lA setbacks are currently and can reasonably be met if this lot is redeveloped with a new
home. Proposed Tract B contains an existing home, driveway, and two separate wetland bodies.A
gazebo exists along the north property line of proposed Tract A as well as the current driveway access to
the home on Tract B.
Curtis noted the applicant's surveyor is currently calculating the dry buildable acreage based on the
wetland delineation report which has not been certified by the MCWD. If the MCWD certification
concludes that the wetlands along Wolverton Place are not incidental and are subject to WCA regulation,
this will result in less than a total of 10.0 dry,buildable acres and less than 5.0 dry acres per lot. If this is
the case,this subdivision cannot go forward.
The proposed subdivision is in conformity with the guiding of this area for single-family rural residential
development at a maximum density of one unit per five acres. The proposed development generally
conforms to the 5.0 acre dry-buildable, 300'width standards of the RR-lA Zoning District. Primary and
alternate septic locations for each lot will be required;preliminary designs have been submitted and
approved by the City's septic manager.
One driveway currently serves the property. The applicant is proposing to re-use the existing driveway
for Tract A and to create a new driveway to access the home in Tract B entirely on the Tract B property.
Staff is recommends requiring the existing driveway access to Tract B be abandoned and a new driveway
be reviewed and constructed as part of the subdivision approval.
Orono's Comprehensive Plan indicates that a future trail is proposed along McCulley Road. The City has
not determined on which side of the road the trail might be developed.However,Planning Staff
recommends that the dedication of a 10-foot wide trail easements be required along McCulley Road on
Tract A as part of this subdivision application. The Park Fee is determined as 8 percent of the fair market
value of the land being subdivided or a maximum of$5,550 per residential dwelling unit.
Standard perimeter, drainage and utility easements around all property boundaries in the subdivision as
well as Conservation and Flowage Easements over the delineated wetlands and wetland buffers should be
provided. These easements should be shown on the final subdivision survey. Establishment of wetland
buffers and buffer setbacks will be triggered for the lots containing wetlands.
The development is also subject to the 5-acre storm water and drainage trunk fee. The total SWDT fee
for this property is$2,660 per acre for a total of$26,866.The property is not located within MUSA and
are proposed to be served by septic systems and private wells.
The developer should develop a plan which identifies and outlines measures for preserving the ecological
assets unique to this property.This plan should be submitted to the City to be reviewed and implemented
prior to final consideration of the subdivision by the Planning Commission.
, Page
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MINUTES OF TI�
ORONO PLANNING COMNIISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
Staff recommends tabling the subdivision application subject to the applicant meeting the following
� requirements:
1. Compliance with the City Engineer's recommendations.
2. Submittal of MCWD approved wetland delineations and functional assessment for all wetlands
on the property.
3. Confirmation that the property contains a total of 10.0 dry,buildable acres. `
4. Submittal of a conservation design plan which meets the requirements of the Conservation
design regulations for review, approval and implementation.
5. Submittal of a revised subdivision survey indicating standard perimeter drainage and utility
easements as well as conservation, flowage and drainage easements over all wetlands and
wetland buffers on the property. Additionally,a 10-foot trail easement should be shown
concurrent with the requested perimeter D/U easement along McCulley Road.
Leskinen asked if the wetlands are deternuned to be incidental,whether the proposed driveway on Tract
- B would be an issue.
Curtis indicated it would not be and it would be likely a ditch along the road. There is a considerable
wetland to the southwest of the driveway. Curtis indicated she did speak with the Watershed District and
she felt that the applicant does have some work to do to show that these are incidental wetlands but that
she is not convinced it will result in a WACA regulated wetland. If they are incidental,they would be
allowed to cross it.
Gherardi indicated she did speak with the Watershed District today and that part of this process is to
prove that the wetlands are incidental. Gherardi indicated she has been assured by a number of people
that this would be approved. The driveway is a proposed option and there are two other options that can
be pursued. The third option,which is the least desirable for the two properties,is to have a shared
driveway.
Gherardi noted the existing home is being completely renovated and the other lot will be retained by her
until the one lot is sold.
Leskinen commented she is glad to hear the shared driveway is the least desired option.
Levang asked where the trail easement would be located and whether that would impact the dry,buildable
area.
Curtis stated the trail easement would run along McCulley Road and that it would not impact the dry,
. buildable area.
Thiesse asked if there is any other easement the City has on that side of the road.
Curtis stated not to her lrnowledge.
Page
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
� Monday,November 21,2011
6:30 o'clock p.m.
Thiesse commented it would make sense to have the trail on the other side of the road and that a decision
should be made which side of the road the trail is to be located on rather than taking easements on both
sides of the road.
Gherardi noted the gazebo will be removed. -
Schoenzeit asked whether the applicant is comfortable with Staff's recommendation.
Gherardi indicated she is comfortable with the recommendations.
Schoenzeit noted the Planning Commission does not meet in December and asked whether that would
negatively impact this application.
Gherardi stated she will continue with her renovation of the existing house and that January is fine to
come back before the Planning Commission.
Schoenzeit opened the public hearing at 7:43 p.m.
Charles Phelps, 385 Turnham Road,Maple Plain, stated his property is located to the east of the property
line from where the current house is, and asked whether the buildable area is a fair distance from the
property line.
Curtis indicated it is.
Phelps asked whether there is any limitation on the proposed Tract A where a new house can be located.
Curtis pointed out the building pad is outlined with a dotted line.
Schoenzeit asked what the setback would be.
Curtis stated it would be 100 feet front and rear and a 50-foot side setback.
Gaffron noted a small accessory structure could perhaps be located in that L-shaped area towards the back
of the lot.
Curtis pointed out that area is only 252 feet wide,which would limit the size of the accessory building.
Gaffron indicated that would limit the size of the accessory building to 1,000 square feet.
Phelps stated the area by the upside down L would be in his view of the sunset and that he would prefer
that a structure not be located in that area.
Landgraver asked what an example of an accessory structure would be.
Curtis stated the structure would be subject to a height restriction of 30 feet with a 900 square foot
footprint. �
Thiesse commented the owner could also plant evergreens in that area,which would obstruct the view.
Page
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
David Grandstrand,4435 Wolverton Road, stated as it relates to the proposed road,it appears that there
are water veins that run down the hill and that the road has opened up those water veins,which causes
damage to the road. Any work that would be done in conjunction with a road in that area should be sure
it does not exacerbate that problem. Grandstrand indicated he was told in the past they should excavate
that ditch to help drain the road.
Curtis stated any driveway approach that was constructed would be reviewed by the City Engineer and
the resident's comments would be taken into consideration.
Tim Otten,425 Turnham Road, stated he was curious as to the location of the proposed building site.
Gherardi stated the building pad would be located within the dashed lines depicted on the overhead.
Curtis stated the buildable pad on Tract A does meet the required setbacks.
Schoenzeit closed the public hearing at 7:50 p.m.
Thiesse noted this is not a flag lot but that a piece of property has been tacked on to reach the five acres
and that he would rather give a variance so it could be a three or four acre lot. Thiesse stated in his view
the property does not belong to that lot.
Leslcinen stated the Planning Commission cannot set a precedent of creating a nonconforming lot in a five
acre zone.
Curtis stated in a standard subdivision the City historically has not granted an area variance. Variances
have been granted in the past to lot width due to cul-de-sacs and other circumstances.
Schoenzeit asked if the lot line is at the minimum distance for a building.
Curtis stated the proposed lot line could be adjusted.
Gherardi stated the lot lines are somewhat arbitrary and could be revised slightly. Gherardi indicated she
is in agreement there should not be a pole barn located towards the rear of the lot but that it would be up
to the future property owners.
Levang moved,Schoenzeit seconded,to table Application#11-3531,Lori Gherardi on behalf of
Wolverton Place,LLC,4550 Wolverton Place. VOTE: Ayes 5,Nays 0.
4. #11-3532 SHARRATT DESIGN& COMPANY,LLC,ON BEHALF OF MIKE &PAM
SIME,3095 NORTH SHORE DRIVE,AFTER-THE-FACT CONDITIONAL USE
PERMIT AND VARIANCE,7:54 P.M.-8:00 P.M.
Schoenzeit asked why this is an after-the-fact variance.
Curtis stated in 2009, a previous owner installed rip-rap along the shoreline with permits from the
MCWD. As part of that project, a 7-foot wide main staircase to the lake,two additional sets of stairs as
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MINUTES OF THE
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6:30 o'clock p.m.
well as a retaining wall and bench within the rip-rap for a beach were constructed. The additions beyond
the basic rip-rap project required City approval which was not obtained prior to the work being done.
When the City became aware of the additional,unpermitted work,the property owner was notified and
they began attempting to resolve the violations. Unfortunately,the property went into foreclose before all
of the violations were corrected. The applicants purchased the property with the intention of building a
new home. They were made aware of the outstanding issues prior to their purchase and discussed
solutions with City Staff.
Landgraver asked how the City became aware of these violations.
Curtis commented this is a small enough community that most of the work being performed in the City is
lrnown by Staff. There was a significant amount of work completed by the previous property owner that
brought it to Staff's attention.
, Curtis indicated the applicants have reduced the width of the main staircase from seven feet to a Code
allowed four feet in width as well as removed the two additional staircases leading to the lake. This work
has resulted in the removal of the majority of the pre-existing violations.
Staff finds that the removal of the additional remaining hardcover resulting from the retaining wall and
beach area may not be significant enough to balance out the risk of creating the potential for an unstable,
open shoreline. The applicants'plans to provide additional vegetative screening appear to mitigate any
potential negative impacts of the wall and beach when viewed from the lake.
The applicants have proposed to continue the vegetative screening in the wall area to offer additional
screening from lake views. The rip-rap and beach area were created in 2008,are stable, and pose no
obvious threats of failure or erosion.
Because the applicants were not the homeowners at the time of the violation, an after-the-fact fee has not
been applied to this application.
Staff recommends approval of the after-the-fact conditional use permit and associated hardcover. The
additional hardcover resulting from these improvements should be calculated by the surveyor prior to the
City Council's review of this application.
Schoenzeit opened the public hearing at 7:59 p.m.
There were no public comments regarding this application.
Schoenzeit closed the public hearing at 7:59 p.m.
Thiesse moved,Landgraver seconded,to recommend approval of Application#11-3532,Sharratt
Design& Company,LLC,on behalf of Mike and Pam Sime,3095 North Shore Drive,granting of
an after-the-fact conditional use permit and hardcover variance. VOTE: Ayes 5,Nays 0.
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Monday,November 21,2011
6:30 o'clock p.m.
5. #11-3534 ARTHUR J.NELSON ESTATE,400 WILLOW DRIVE SOUTH,
SUBDIVISION,PRELINIINARY PLAT,8:00 P.M.—8:25 P.M.
' Mark Gronberg, Surveyor; and Dan Nelson were present.
Curtis stated this application is requesting preliminary plat approval in order to create three new buildable
lots and a private road from the original 12.37 acres.
The proposed subdivision is in conformity with the guiding of this area for single-family rural residential
development at a maximum density of one unit per two acres. The proposed development generally
conforms to the 2.0 acre dry-buildable, 200 foot width standards of the RR-1B Zoning District. Primary
and alternate septic locations for each lot will be required. Preliminary designs have been submitted and
approved by the City's septic manager.
The proposal is consistent with the City's Comprehensive Plan.
The site contains three separate wetland bodies. Wetland delineations have been submitted and are
currently under review by the Minnehaha Creek Watershed District. Proposed Lot 3 contains an existing
principal shucture and the existing barn on the property is located on proposed Lot 2. The existing
driveway will be upgraded to serve as the private road with cul-de-sac. A storm water pond is proposed
on Lot 1 to address storm water resulting from the road hardcover.
The property is situated along Willow Drive South. The Abingdon,Willow Knoll and Bill Kelley's land
additions surround the property. According to the RR-1B zoning district standards, all of the lots must
contain 2.0 dry acres and meet a 200 foot width requirement at the road frontage as well as 50' principal
building setbacks. Currently the property is platted to the centerline of Willow Drive. A 33-foot right-of-
way will be dedicated along Willow Drive as part of the plat.
Proposed Lot 1 will exceed the frontage width requirement at the road with over 200 feet of frontage
along the private road and 180 feet of width at the 50-foot principal building setback. There is a Manage
3 wetland in the northwest portion of the lot and a Preserve wetland on the eastern, or rear,portion of the
property as well as a proposed storm water pond. The property is proposed to have 2.36 acres dry,
buildable land. There is a sufficient buildable envelope available and all of the required RR-1B district
lot line setbacks can be met.
Proposed Lot 2 has 61 feet in width at the cul-de-sac and 140 feet in width at the principal building
setback. It also contains 3.49 dry acres in area and contains a large portion of the Preserve wetland on the
eastern third of the property. The existing barn is located on this lot within 10 feet of a side lot line. The
status of the barn should be discussed and addressed. Variances are necessary in order to allow the
approximately 1,200 square foot barn to remain in its current location with the proposed lot configuration.
All required RR-1B setbacks can reasonably be met when this lot is developed with a new home.
Proposed Lot 3 is proposed as a corner lot with 2.0 dry acres and over 300 feet of frontage on the new
private road. A Manage 2 wetland separates Lot 3 from Willow Drive. The existing home is shown on
this property currently; although a building pad and two conforming septic sites have been proposed. All
required RR-1B setbacks can reasonably be met when this lot is redeveloped with a new home.
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. The applicant is proposing to create Outlot A over the existing driveway access as shown via Willow
Drive South through a 50-foot corridor with a 100-foot 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. •
Orono's Comprehensive Plan indicates that a future trail is proposed along Willow Drive south,which
would provide a connection from the Luce Line to the Dakota Rail. The City has not determined on
which side of the road the trail might be developed. However,Planning Staff recommends that,if
possible,considering the wetland along Willow,the dedication of a trail easement be required as part of
this application.
The Park Fee is deternuned as 8 percent of the fair market value of the land being subdivided or a
maximum of$5,550 per residential dwelling unit. For this property, Staff has determined that as there
will be two new dwelling sites,the ParkFee will be$11,100.
The City will require standard perimeter, drainage and utility easements around all property boundaries in
the plat as well as Conservation and Flowage Easements over the delineated wetlands and wetland
buffers. Establishment of wetland buffers and buffer setbacks will be triggered for the lots containing
wetlands.
The subject property is not located within MUSA. The properties are proposed to be served by septic
systems and private wells. All septic systems must be located 20 feet from all property boundaries 20 feet
from structures,hardcover and the delineated edge of wetlands. Private wells shall be set back three feet
from structures and 50 feet from septic systems.
According to the submitted survey,there are three wetlands on the property: one of the northwestern
edge of Lot 1 is classified as a Manage 3 wetland; one located entirely along Willow Drive is shown as
the City's wetland map as Manage 2; and a larger wetland along the eastern portion of the property is
shown as a Preserve wetland. The wetlands were delineated this year and were submitted to the MCWD
for their review and approval. The City will require a flowage and Conservation Easement over all
wetlands and buffers designated on the site.
The property has an area of existing woods along Willow Drive and a mature pine stand along the
northern property line,three wetland bodies,and an open view-shed over the wetlands to the east. The
Rural Oasis Study and Conservation Design Master Planning process has been formulated to help
determine on a case-by-case basis what natural values should be preserved. The developer should
develop a plan which identifies and outlines measures for preserving the ecological assets unique to this
property.This plan should be submitted to the City to be reviewed by the Planning Commission prior to
final review and approval of the preliminary plat.
The applicant is proposing to utilize the existing private drive location for the new private road.
Widening the private drive and upgrading it to City standards will impact the adjacent wetlands. The
proposed fill within the wetlands will require a Wetland Conservation act pernut from the MCWD.
Wetland buffer mitigation will be required as part of this approval.
Staff recommends tabling of the preliminary plat subject to submittal of the following:
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MINUTES OF THE '
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Monday,November 21,2011
6:30 o'clock p.m.
1. MCWD approval of the wetland fill impacts and mitigation for wetlands on the property;
2. A conservation design plan which meets the requirements of the Conservation Design regulations
for review, approval and implementation.
�
Leskinen noted Staff's report states that the width of the lot is 140 feet and asked whether it should be 200
feet.
Curtis noted the property is located on a cul-de-sac,which has a different standard.
Levang asked whether the barn is considered a historic building.
Mark Gronberg stated the barn will be removed and that they will be talking with the fire deparhrient
about using it for a practice burn. Gronberg indicated the siblings looked at subdividing the property after
their father died. They did look at getting a fourth lot in there but that would require extending the cul-
de-sac quite a ways and would also impact wetland buffer. The neighbor had an interest in that piece so
they sold that portion of the property to him.
Gronberg indicated the road follows the driveway as much as possible and they pulled the storm water
pond away from the trees as much as possible to preserve those. The trees on the north side will remain
intact so the residents in Abingdon will not see much of this subdivision. In addition, all the trees along
, Willow Drive that are west of the existing house will also remain. The residents in the area will only see
the opening for the new road. Gronberg noted they have to put a city street in since there are three lots on
the road. Everything is concentrated in the middle of the subdivision and they are attempting to save all
the perimeter trees.
Thiesse asked what type of trees will be removed due to the storm water pond. �
Gronberg stated there are some ash and some black walnut trees that will need to be removed. Gronberg
noted that is the lowest spot on the property to catch the storm water.
Levang asked if the existing house and outbuildings will also be razed.
Gronberg indicated they will be and that the new houses will be more upper end.
Levang asked if the footprint for the existing house would be the footprint for the new house.
Gronberg indicated it would be.
Levang asked if the barn is a historic building.
Dan Nelson indicated he is not aware of whether it is considered historic but that it is very old and is in
rather poor shape.
Curtis noted the City does not have an inventory of historic buildings in the area.
Gaffron stated if the Planning Commission feels that Staff should develop a list of historic buildings,the
Planning Commission could place that item on their agenda of things to be pursued in the future.
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Monday,November 21,2011
6:30 o'clock p.m.
Levang asked whether they would consider having someone purchase the barn and then restore it.
Nelson stated that could be an option.
Schoenzeit opened the public hearing at 8:13 p.m.
John Mueller,2240 Abingdon Way, stated he was curious where the houses would be located and
whether they would be walkouts.
Gronberg stated it is close to where the arrow on the overhead is located.
Mueller commented it was his understanding that was part of the wetlands. .
Curtis illustrated the location of Mueller's lot.
Gaffron stated where the house is proposed is a walkout to the east and the low side would be to the right.
Curtis indicated there is a wetland in that area.
Gaffron pointed out the area of the wetland and stated the house would be approximately two-thirds of the
way up the hill. �
Thiesse commented there would likely be three stories on that side of the house as well. Thiesse noted '
they are attempting to save as many trees as possible on the north end,but that probably will not help to
screen the house from Mueller's direction.
Mueller asked what the setback is and whether he can plant trees along his property line.
Curtis stated there is no setback for trees. Curtis suggested he speak with the Watershed District about
the type of trees that would be receptive to the soils in that area.
Mueller asked if this is in the final stages of approval.
Schoenzeit noted this is a preliminary plat with a recommendation by Staff to table the application.
Curtis stated it will be on the January Planning Commission agenda, and if it meets all the codes,the
Planning Commission would have the option to move it forward to the City Council. Curtis stated at this
time it appears the plan does meet all of the City's Codes.
Schoenzeit closed the public hearing at 8:18 p.m.
Levang asked Staff to address the conservation design plan.
Curtis stated the applicant will need to have a professional perform an analysis relating to conservation
design and that their plan will need to address basically the six points outlined in Staffs report. The plan
will be unique to each individual site and the analysis will identify any unique feature that should be
preserved.
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� MINUTES OF THE
ORONO PLANNING COM1�aSSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
. Gaffron stated in an ideal world the conservation design analysis would be done before any of the lots are
configured. Requirements in past applications have been that certain tree stands be preserved or plantings
placed. In the McIntyre application located on Watertown Road,the main preservation goal ended up
being that no houses be built that would eliminate the trees near the wetland. Gaffron indicated those are
the types of things that will be looked at in the analysis. It is difficult to limit the number of lots but they
could require the clustering of the homes to preserve
Schoenzeit asked whether the applicant has any questions about the information required.
Nelson indicated he would be working with Mark Crronberg. ,
Schoenzeit moved to table Application#11-3534,Arthur J.Nelson Estate,400 Willow Drive South,
preliminary plat review.
Landgraver asked whether the applicant would be required to submit anything on the barn.
•Levang indicated she would like to lrnow the age of the barn.
Nelson indicated he does not know the age of the barn.
Thiesse seconded the above motion. VOTE: Ayes 5,Nays 0.
6. #11-3535 CITY OF ORONO,AMENDMENT OF CITY CODE RELATING TO SCHOOL
USES
Schoenzeit moved,Levang seconded,to recommend approval of Application#11-3535,City of
Orono,Amendment of City Code Relating to School Uses. VOTE: Ayes 5,Nays 0.
PLANNING COMMISSION COMMENTS
7. REPORT OF PLANNING COMMISSIOSN REPRESENTATIVES ATTENDING CITY
COUNCIL MEETINGS ON OCTOBER 24,2011 AND NOVEMBER 14,2011
Schoenzeit reported at the October 24`"City Council meeting the delinquent accounts were certified by
the Council. They also discussed the speed bumps and approved adding a fourth one. The Minnehaha
Creek Watershed District,which represents 1281akes in the area were considering expanding their
regulatory authority. .
Levang commented the MCWD also felt the state was not doing a good enough job addressing AIS and
the MCWD had indicated a desire to take over the AIS issue throughout the state.
Gaffron noted it was also stated that there should be a global approach by a number of agencies.
Schoenzeit noted the DNR also has substantial responsibility for AIS.
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MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,November 21,2011
6:30 o'clock p.m.
Leskinen stated at the November 14`�'meeting the LMCD representative had noted that Lake Minnetonka
was at a 10-year low. The application requesting the extra garage was approved 4-1 with a 40-foot
setback versus the 38 they had requested. The Planning Commission had voted to recommend denial on
that application.
� Curtis noted that Council Member Franchot had attempted to steer the Council towards the Planning
Commission recommendation but was unsuccessful.
Landgraver asked whether the approval of the Rainey Road project by a previous council played any part
in this approval.
Leskinen stated that issue did factor into their discussion quite a bit. '
Curtis stated the City Attorney did advise them that they did not have to follow a previous Council's
approval.
Leslcinen stated there was also a long discussion regarding the two-tiered driveway that went along the
same lines as the Planning Commission's discussion. Ultimately the recommendation of the Planning
Commission was upheld on a 3-2 vote. There was also a fair amount of discussion regarding the patio as
well. In addition,the 400 Willow Drive application was placed on Consent Agenda and the donation
garden was granted a renewal license.
Leskinen asked whether there is anything about steepness of driveways on a building permit.
Gaffron indicated there is not.
8. OTHER ISSUES FOR DISCUSSION
Curtis noted there is no Planning Commission work shop scheduled in December.
ADJOURNMENT
Landgraver moved,Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at
8:46 p.m. VOTE: Ayes 5,Nays 0.
�rf`L,.- I 17 ��.� �-a �Z
Loren Schoenzeit, Chair
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