Loading...
HomeMy WebLinkAbout11-23-1998 Council Minutes• -A ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, J. Diann Goetten, Barbara Peterson. Council Member Flint arrived at 7:02 p.m. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Pubic Works Director Greg Gappa, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) CONSENT AGENDA Items 12, 13, 14, 16, 20, 21, and 22 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF NOVEMBER 9, 1998 • Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council meeting of November 9, 1998, as submitted. VOTE: Ayes 5, Nays. RECOGNITION ( #2) DARE VOLUNTEERS - ORONO POLICE OFFICER MIKE CARLSON AND ORONO POLICE RESERVIST MATTHEW HAGEN Mayor Jabbour stated Police Officer Mike Carlson and Police Reservist Matthew Hagen were being honored tonight for their efforts in promoting the D.A.R.E. Program. Ron Moorse read Resolution No. 4197, recognizing Mike Carlson's support of the D.A.R.E. Program. Gary Cheswick, Police Chief, stated the D.A.R.E. Car Program was started in 1996 by Mike Carlson who had indicated he would be willing to donate his time to this worthy program promoting drug awareness education throughout the various communities. Carlson donated his own race car and solicited funds from the local merchants on behalf of the D.A.R.E. Program. Carlson and Hagen contributed many, many hours attending events throughout the various communities in the area and received 1st and 2nd place honors continually. Cheswick noted that Carlson and Hagen's participation in this program was strictly volunteer and that they should be commended for the outstanding job they have performed in promoting the D.A.R.E. Program. Goetten moved, Peterson seconded, to adopt RESOLUTION NO. 4197, a Resolution of Recognition for Mike Carlson's Support of the D.A.R.E. Program, and to present Matthew Dennis Hagen with a Certificate of Appreciation for his promotion of drug awareness through the EY.A.R.E. Program. VOTE: Ayes 5, Nays 0. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2 DARE Volunteers, continued) • Mayor Jabbour thanked Mike Carlson and Matthew Hagen on behalf of the City Council and the City of Orono for their participation in this fine program. PARK COMMISSION COMMENTS - PETER WELLES, REPRESENTATIVE None PLANNING COMMISSION COMMENTS - DALE LINDQUIST, REPRESENTATIVE Lindquist stated he was here to answer any questions of the Council members that might arise during the meeting. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT ( #4) #2395, BRENT BENTROTT, 1453 PARK DRIVE - VARIANCES - APPROVAL RESOLUTION, CONDITIONAL USE PERMIT Brent Bentrott was present. • Van Zomeren stated the Applicant applied in June, 1998, for multiple variances to make changes to their existing residence and relocate their garage. Various plans have been reviewed by the Planning Commission, and it was determined that a conditional use permit would be needed because grading changes were proposed within five feet of the property lines and between 500 and 800 cubic yards of fill was proposed to allow for the garage to be rebuilt closer to the residence. At the October meeting the Planning Commission had requested that the Applicant submit revised plans, which have been submitted and reviewed by the Planning Commission at their October and November meeting. The most recent plan calls for remodeling of the deck on the west side of the existing residence into a three - season porch, which requires a side yard adjacent to street variance. The Applicant is also requesting a change to the southwest corner and entrance to the residence which requires a side yard adjacent to street variance. The Applicant is also proposing in this most recent plan to build a new garage closer to their residence which requires variances for a side yard adjacent to street and hardcover in the 75 -250' setback. A conditional use permit to alter the existing topography with 500 cubic yards of fill and to grade within five feet of the property line is required. The Applicant is also proposing to use a portion of unopened Bluff Street and Park Drive for a driveway. Van Zomeren noted that it is difficult to situate a driveway on this property due to the existing topography, noting that a ten percent grade or less is recommended for driveways and less than eight percent is preferred with 3:1 slopes for maintenance. The Planning Commission had recommended approval of the side yard adjacent to street variances for the proposed improvements to the residence to change the deck into a three season porch and to allow the improvements to the south facade of the residence, subject to removal of hardcover in the 0 -75' setback. Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2395 Brent Bentrott, continued) The Planning Commission had recommended denial of the conditional use permit for grading and land alteration to relocate the garage and to deny the side yard adjacent to street setback for the garage and the use of Bluff Street and Park Drive for a driveway to the proposed garage. Van Zomeren noted she received the survey Friday morning from the Applicant. Bentrott had no comment. Mayor Jabbour commented in his opinion this application has not been handled very efficiently, and that City Staff should inform applicants that they will not accept any new information after Wednesday. Jabbour noted that the City Council is being presented with some of this information for the first time at tonight's meeting. Moorse remarked that ownership of Bluff Street may need to be addressed. Mayor Jabbour stated that the Supreme Court had ruled a while ago that City Councils could not vacate fire lanes, noting that he does not foresee vacating Bluff Street now or in the future. Goetten noted that the Planning Commission had told the Applicant that it was doubtful that Bluff Street would be vacated to allow for private use. Mayor Jabbour inquired whether there were any problems with what has been recommended for approval by the Planning Commission. Peterson stated no. • Kelley inquired who constructed the retaining walls on the property. Bentrott stated the previous owner had constructed the retaining walls. Mayor Jabbour stated the question for the City Council to determine is whether the upper portion of Bluff Street should be opened up for private use. Goetten stated in her opinion Bluff Street should not be opened up due to the precedent that it might set. Mayor Jabbour stated he was in agreement with Goetten. Van Zomeren commented that the present plan proposes additional retaining walls, noting that hardcover has not been calculated on that portion. Van Zomeren stated that drainage and grading will need to be reviewed based on whether or not Bluff Street is vacated and the conditional use permit is approved. Kelley inquired whether the proposed garage will be built. Bentrott stated they are proposing to construct the new garage halfway to the back of the house. The new garage will be similar to what currently exists only in a different location. Kelley stated in his opinion this application comes down to whether there is a hardship that exists for relocating the garage. Mayor Jabbour commented that the present situation of backing out onto the roadway is a 40 dangerous situation. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2395 Brent Bentrott, continued) Kelley inquired whether this is the plan that the Applicant would like the City Council to act on. Gronberg stated the first plan submitted by the Applicant was a better plan engineering -wise but they have attempted to revise the plan to accommodate the wishes of the Planning Commission. Kelley noted that City Staff has not had an opportunity to review the proposed grading and drainage. Mayor Jabbour inquired whether the City Council would be in favor of opening up Bluff Street for private use, noting that he personally does not have a problem with the vacation. Jabbour inquired whether that would be a permitted use under Orono's ordinances. Barrett stated in his view the use of the alley or driveway is consistent with the easement, noting that Bluff Street is a legal platted road. Barrett remarked that the other issue is who owns the underlying fee for Bluff Street and that a third party may need to consent to the private use if that underlying fee is owned by a third party. Mayor Jabbour remarked that if the City Council is in agreement with allowing Bluff Street to be used, then it will need to be determined whether there is a third party involved. Bentrott commented that this plan has been reviewed by the City Engineer. Mayor Jabbour noted that the fee owner will need to be determined and that the City Council cannot give permission to drive on neighbor's land. i Jabbour stated that it appears to be the consensus of the City Council to allow the Applicant to use • Bluff Street. Dale Lindquist, Planning Commission, stated that it was their understanding that Bluff Street would not be opened up. Moorse noted that the grading and drainage still needs to be addressed and could perhaps be made a condition. Kellogg stated that Item #3 needs to be addressed further, noting that he has a concern with the amount of water that will flow through the culvert as well as the affect the grading would have on the adjoining property. Kelley stated that the drainage impact to the neighboring property needs to be fully understood before this project can proceed. Gronberg noted that Bentrott's house is lower than the neighbor's and any drainage problems would occur on the Bentrott property first before the neighboring property. Mayor Jabbour stated the drainage issues need to be addressed first before approval of the driveway and garage can be given. Jabbour remarked he would like to see no impact to the adjoining property, and recommended that the Applicant continue to work with his neighbors to ease any concerns that they may have. Jabbour moved, Kelley seconded, to adopt RESOLUTION NO. 4198 for the proposed house improvements which require side yard adjacent to street variances only, and to continue Application #2395, 1453 Park Drive, to the December 14th City Council meeting, with the understanding that the City Council is in agreement with granting use of the upper portion of • Bluff Street for a landing-subject to the submittal, review, and approval by the City Engineer Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 • ( #2395 Brent Bentrott, continued) and City Staff of a drainage and grading plan with no additional watershed to the adjoining property. VOTE: Ayes 4, Nays 1, Goetten opposed. Goetten noted she was not opposed to the continuation but had concerns regarding the use of Bluff Street. Van Zomeren inquired when the Applicant should have the information submitted by. Mayor Jabbour stated that the information should be submitted by December 4th if this item is to be included on the agenda for the December 14th meeting. ( #5) #2399 MURIEL SENN, 4448 NORTH SHORE DRIVE - VARIANCE Muriel Senn was present. Van Zomeren presented photographs of the property to the City Council members. Van Zomeren stated the Applicant is requesting multiple variances to add to an existing residence and to construct a garage. This residence lies within the I-R -1 B district, which has a minimum of one acre. However, this parcel only consists of .38 acres, and does not lend itself well to many improvements. Van Zomeren remarked the Applicant has submitted three or four plans and is now proposing to change the roof line and to construct a garage located 10 feet off of the property line. Van Zomeren • noted that 84 percent of the lot is located in the 0 -75' setback, and requires variances to lakeshore setback, north side yard setback, street yard setback, structural coverage, and hardcover. A large amount of hardcover consists for the driveway, noting that Hennepin County has paved a portion of the lot due to erosion. The Planning Commission had recommended unanimously to deny the application finding that the amount of hardcover remains excessive and the structural coverage exceeds the 15 percent limit by 147.7 square feet. Senn commented she has resided on this property for 24 years and has seen her land continually erode. There currently is no parking on either side of the street and it is difficult to access the existing garage. Senn stated she is in need of more storage room due to the fact that there is no basement or attic in the residence and she is limited to three closets. Senn stated she would like to convert the old garage into a utility room, noting that her furnace is presently located in her kitchen and needs to be replaced in the near future. Senn remarked she has met numerous times with her builder to revise plans that would reduce the need for variances but this property does not lend itself well to any improvements without requiring variances of some sort. Mayor Jabbour commented that this residence once possibly was a cottage and was converted into a year -round residence. Jabbour stated a hardship is determined based on the configuration of the lot and other factors. Senn stated that the residence was only six years old when she purchased the property and it didn't seem to be a cottage at that time. Senn noted there were no setback requirements at that time. Mayor Jabbour stated in his opinion a hardship does exist. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2399 Muriel Senn, continued) • Goetten remarked she has viewed the property and in her view a hardship does exist. The structure does not have a basement and currently the Applicant's utility room is in her kitchen. Goetten indicated she was willing to work with the Applicant. Senn noted she is requesting a car and a half garage. Mayor Jabbour noted the Applicant is requesting the addition to the existing house for a utility room. Kelley stated he has no problem with the application. Peterson noted she was in agreement with the application as well. Mayor Jabbour commented the application was reasonable and that a hardship does exist. Jabbour inquired whether the garage needs to be realigned. Senn stated the slant to the garage adds thousands of dollars to the project. Kelley inquired when the County had last taken land for the right -of -way. Senn remarked it was at the time the bridge was improved. Mayor Jabbour stated that was in approximately 1974. Senn stated she has heard that the County may be widening the bridge in the near future. Kelley stated he does not mind if the Applicant straightens out the garage to avoid the angle and • give her a variance to go into the sideyard. Van Zomeren noted the garage encroaches eight feet into the sideyard. Mayor Jabbour stated a condition could be added not to exceed eight feet. Kelley suggested the garage could be moved back somewhat. Kelley moved, Goetten seconded, to approve Application #2399, 4448 North Shore Drive, granting of variances to lakeshore setback, north side yard setback, street yard setback, structural coverage, and hardcover in the 0 -75' and 75 -250' setbacks as outlined in the November 18, 1998 Planner's Report, with the sideyard setback not to exceed five feet for the garage. Mayor Jabbour inquired whether Senn understood what the City Council was proposing. Senn commented she understands the garage can be moved somewhat. Kelley stated the City Council is attempting to give the Applicant a little more room by allowing her to encroach up to five feet to the side yard setback. VOTE ON MOTION: Ayes 5, Nays 0. ( #6) #2403 TERRY CLARK, 1575 LONG LAKE BOULEVARD - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION 4199 Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2403 Terry Clark, continued) Tom Terry, Builder, and Neil Weber, Architect, were present. The Applicant was not present due to an illness in the family. Van Zomeren stated this application is requesting to add a 12' by 16' addition in the required street yard setback of an existing residence and to add a lakeside upper deck and stairway to be located within the 75' lakeshore setback. This property lies within the LR -1A district, which has a minimum of two acres. This lot is comprised of .72 acres and is considered to be a shallow lot. Van Zomeren stated a conditional use permit is required to raise the house four feet to allow the construction of a walkout basement where the land alteration /grading will require a net increase of 15 cubic yards of fill and be partially located in the lakeshore setback. Hardcover variances are needed in the 0 -75' setback as well as a top of bluff variance to alter the grade within the required 30 foot bl,;ff setback. Van Zomeren remarked the City Engineer has viewed this property and has a concern with the steepness of the slope, noting they normally recommend a slope of 3:1. The architect has informed City Staff that a portion of the retaining wall will be removed. The Planning Commission had voted to approve the requested variances and conditional use permit subject to the submission of an accurate grading plan with the amount of cut/fill determined. Neil Weber, Architect, stated they are proposing to add a 12' by 16' addition to the current residence. Weber noted they had presented a lower impact plan but the Planning Commission did • not like the added hardcover in the 0 -75' setback. This plan proposed to increase hardcover by one percent in the 0 -75' setback, noting that impact to some degree could not be avoided. Weber stated the overall footprint of the house is not being increased. Tom Terry, Builder, stated that a second story to the house is not possible without a new foundation. Flint indicated he was fine with the application. Goetten indicated that there was prior approval given for an addition that was located out of the 0 -75' setback. Tom Terry indicated this plan costs about half the price as the other proposal. Van Zomeren indicated the prior approval was given to the previous occupants of the house and called for most of the interior of the house to be remodeled. om Terry indicated the location of the garage would not change. Goetten inquired whether the Applicant will be requesting additional garage space in the future, noting that the Applicant is proposing to use up all the allowable hardcover with this application. Kelley indicated he was in agreement with Goetten, noting that a new owner may want to come in and add more garage space. Kelley inquired whether the increase to the hardcover in the 0 -75' setback is attributable to the proposed deck on the lakeside. Weber stated the deck is being added for the functionability of the house, noting that the house is being raised up four feet. The location of the front entrance will not change. Weber commented the front entrance is located on the street side of the structure. • Flint indicated in his view the Applicant has attempted to comply with the Planning Commission's Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2403 Terry Clark, continued) recommendations, noting he will tend to go along with the vote of the Planning Commission. Flint moved, Peterson seconded, to approve Application #2403, 1575 Long Lake Boulevard, and adopt RESOLUTION NO. 4199, granting variances to street yard setback, lakeshore setback, top of bluff variance, hardcover variance in the 0 -75' setback, and a conditional use permit, per the recommendations of the Planning Commission. VOTE: Ayes 5, Nays 0. Mayor Jabbour noted that the City Council has warned the Applicant that no new hardcover will be allowed in the event a larger garage is desired by this property owner or future property owners. ( #7) #2411 PAUL AND LEANN HANSSEN, 3195 CASCO CIRCLE - VARIANCES Paul Hanssen was present. Weinberger stated this application was reviewed at the last City Council meeting where it was sent back to the Planning Commission for further review based on new information. The Applicants are requesting to repair a boathouse located 15 feet from the Lakeshore. The boathouse has been determined by the City Building Staff to be in a state of disrepair. This application requires a variance to the hardcover in the 0 -75' setback and a variance to allow a boathouse to exist within 75' of the lakeshore. A variance from the side yard adjacent to street setbacks is also required to allow the structure to be located ten feet from a platted public right -of -way. Weinberger stated the deck located above the boathouse was damaged in a storm back in May, • and the Building Official did not issue the building permit due to the condition of the boathouse. The Applicant had a structural engineer inspect and prepare a report on the scope of work to be completed. It has been determined that the front and back walls would need to be replaced as well as portions of the side walls. Repairs to the foundation are also necessary. Weinberger noted that the State Building Code requires that these structures have new foundations as well as new footings. The Planning Commission originally had voted to deny this application in October based on issues involving replacement cost of the structure. City Council requested the Planning Commission revisit this issue due based on the fact they had the incorrect information when their decision was reached. The Planning Commission reviewed the application again in November and recommended denial of the application based on not having any new information to reverse their previous decision. Hanssen stated he has spent $550 on a structural engineering plan at the request of City Staff, and if improvements to these types of structures are already prohibited by City ordinance, then that cost could have been avoided. Mayor Jabbour stated in his view there is a misunderstanding about what the exact ordinance is that applies in this case. Dale Lindquist, Planning Commission, stated they had requested information from the City Attorney which they did not receive prior to their meeting. Mayor Jabbour stated it was his understanding based on what the City Attorney has stated that the value and use of the property does not apply in this case, and that this structure should be considered a non - conforming structure that requires a variance to the 0 -75' setback. Building Staff has determined that if improvements to the structure are allowed, then the boathouse must be Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2411 Paul Hanssen, continued) brought up to code, which requires certain variances. Jabbour commented that a hardship must be found in order to grant the variances. Hanssen commented the wind storm in May had blown the deck off the boathouse, and upon closer inspection, it was determined that the foundation is in disrepair, but in his opinion the boathouse could have been used for another ten years. Goetten indicated she was still somewhat confused about the ordinance, noting that in her view the value of the structure played a factor in determining whether the improvements could be made to the structure. Hanssen stated the ordinance states that the value of the building is determined at the time of the loss and not at the time the ordinance was adopted. Barrett indicated he did not receive the letter from City Staff until after the Planning Commission meeting and at the previous City Council meeting was not familiar enough with the case to give clear direction on how to proceed on this application. Barrett stated the location of the boathouse makes it non - conforming due to the setback and is not a non - conforming use. The City Council needs to decide whether a variance should be granted to allow this type of non - conforming structure to remain. Barrett stated the value of the structure has been looked at in previous applications in determining hardship. Barrett stated the variance is properly before the City Council and the City Council needs to make a determination based on hardship on whether to grant the variances. • Mayor Jabbour stated in his view the City Council needs to determine whether that structure would have had a longer life span had the damage not occurred in the windstorm. Jabbour commented he was attempting to differentiate what percentage of the repairs are necessary due to bringing the structure up to code versus what damage was caused in the storm. Kelley remarked that the Building Inspector must think that more than 50 percent of the structure needs to be replaced, noting that the ordinances are pretty clear. Flint stated he has difficulty making the Applicant tear down what was pre- existing. Flint commented that numerous residents in the Casco Point area have expressed complaints regarding the costs associated with obtaining the required structural engineering plans and other studies that the City requests. Flint stated that maybe that issue should be reviewed to see if some of these costs can be avoided. Mayor Jabbour indicated that a hardship must be demonstrated. Flint stated in his opinion the hardship is that the boathouse was pre- existing, the windstorm damaged the structure, and the Applicant is now requesting to repair what he already had. Mayor Jabbour remarked that the required engineering plans and studies are needed to determine the full extent of the project before work is commenced, and that City Staff attempts to use common sense when requesting these studies. Hanssen indicated that the engineering plan fee was not a big issue in his mind. Mayor Jabbour commented that the difference in this application and other applications is that this application has become necessary due to the damage caused in the storm. Jabbour noted that the City in the past has taken the position that non - conforming structures should not be allowed to stay Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2411 Paul Hanssen, continued) if the property owner has allowed the structure to deteriorate. Flint moved, Peterson seconded, to approve Application #2411, 3195 Casco Circle, granting a variance to hardcover in the 0 -75' setback, a variance to allow a boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks to allow the structure to be located ten feet from a platted public right -of -way as outlined in the November 18, 1998 Planner's Report. John Erickson stated he understands the position of the City Council, but noted that he was required to remove a pre- existing boathouse. Erickson inquired whether he would be permitted to rebuild that structure. Mayor Jabbour remarked that the resident can submit an application, noting that he is not thoroughly familiar with what the resident was referring to but that it happened a long time ago. Jabbour indicated he would be willing to meet with the resident if he so desired to discuss the matter. Kelley inquired whether Mayor Jabbour's position was that the majority of the damage to the boathouse was caused by the storm rather than the general disrepair of the structure due to deterioration over the years. Mayor Jabbour stated to his understanding the storm eliminated the roof and a tree fell on the boathouse. Hanssen stated the deck was ripped from the foundation, but was unsure as to whether a tree actually fell on the structure. A tree located close to the structure was required to be removed. • Mayor Jabbour indicated he understood the storm had damaged the structure. • Hanssen remarked the storm damaged the deck. VOTE ON MOTION: Ayes 4, Nays 1. Goetten indicated she was opposed to approving the application due to the fact that City Staff has indicated that the boathouse in their view was not damaged by the storm, and has not changed her understanding of the ordinance at this time. ( #8) #2417 TOLD DEVELOPMENT, 2380 SHADYWOOD ROAD - B -5 ZONING AMENDMENT Bob Cunningham, Told Development, was present. Gaffron indicated the Applicant is requesting an amendment to the B -5 Limited Neighborhood Business District to add a drugstore use to the list of allowed (permitted or conditional) uses. The B -5 Limited Neighborhood Business District includes 2380 Shadywood property as well as two areas along Shoreline Drive. The B -5 District was created in 1975 to provide limited business activity compatible with the adjacent and surrounding residential uses. The B -5 District was also intended to provide for businesses that serve residents in the surrounding neighborhood as opposed to a place for City -wide or regional oriented uses. These businesses are not intended to be high traffic generators and do not necessitate an inordinate amount of hardcover. The district shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the B -5 District as contemplated in the area known as Navarre, the uses are limited in order • Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 • ( #2417 TOLD Development, continued) to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district since there is already a traffic problem in Navarre. Orono's Comprehensive Plan generally recognizes the Navarre area as one of only two commercial areas in the City, noting that Navarre will provide sufficient opportunity for neighborhood retail and service businesses, plus adequate professional offices, to serve the needs of most Orono residents. The Comprehensive Plan also specifically states that commercial and industrial development will not be permitted to adversely affect neighboring residential property. The location and scale of commercial and industrial development will be controlled so as not to encroach upon the primary residential land uses in Orono. Wherever possible, natural land forms or buffers will be required between different land uses. The current list of conditional uses in B -5 was amended in October, 1996, with the deletion of home and garden equipment rental, which was concurrently made a permitted use in the B -1 District. The B -5 District was again amended in March, 1998, by adding coffee or bagel retail stores to the list of allowed conditional uses, with a number of conditions related to maximum floor area, parking and seating. The drugstore use as listed in the B -1 and B -3 districts is defined as "drugs, candy, ice cream, soft drinks, cosmetics and other other usual drug store merchandise." This listing was apparently created as part of the 1975 zoning code revisions, since it doesn't appear in the 1967 code. The range of merchandise and services associated with a drugstore use has changed somewhat since 1975, and now commonly includes on -site one hour photo processing service and coolers for a range of perishable as well as non - perishable take -away foods. • The Planning Commission has reviewed this application and considered several questions in determining whether a drugstore use might be acceptable within the B -5 District. Staff and Planning Commission have concluded that a drugstore is something that is needed and wanted in the Navarre area. The site plan was not addressed by the Planning Commission at its last meeting. Gaffron reported that a public hearing was held at the Planning Commission's last meeting, and several residents expressed concern with the amount of hardcover, lighting, traffic and noise that this development might create. For the most part, the residents in attendance at the meeting spoke in favor of this project. The Planning Commission motion to amend the B -5 District to allow "full- service drugstore" as a conditional use failed, and a second motion was made to deny the request for such an amendment based on the proposed use not matching the intent of the B -5 District, which motion carried. It should also be noted that the Planning Commission voted to table the commercial site plan without review, pending a decision by the City Council on the zoning amendment. Gaffron stated that all properties in the B -5 District are subject to a 30 or 35 percent hardcover limitation due to their proximity to the lake, and the proposed Shadywood site is also difficult to develop due to topography, shape, and the existing and future stormwater pond constraints. Because of the difficulty in situating a large structure on this site, Staff feels that it may be inappropriate to amend the B -5 District which would result in the necessity for certain variances. If approved, the City Council is acknowledging that the need for variances does exist and will likely be granted, and the City Council may want to address whether the zoning needs to be changed rather than grant variances. Bob Cunningham, TOLD Development, stated he has invited John O'Sullivan to be present with him at tonight's meeting since he is more knowledgeable about the history of the site. • Cunningham stated he is requesting the City of Orono to amend the B -5 District to allow the use of a drugstore, noting that this use is compatible and desired in the Navarre area. Cunningham Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2417 TOLD Development, continued) • acknowledged that the site plan is proposing a large amount of hardcover, noting that the proposed building will be between 10,000 and 15,000 square feet. This site was chosen due to the lack of other available land in this community to build a Walgreen's. Cunningham commented that Walgreen's has conducted numerous studies of their stores and have concluded that this size store best meets the needs of their customers. Walgreen's caters to the residents in the surrounding area and are looking at approximately a mile and a half radius as their service area. Most of Walgreen's traffic is pass -by traffic and should not increase traffic in the general area significantly. Cunningham noted that the nearest drugstore to this site is approximately three to four miles away, and a Walgreen's at this site would provide the neighborhood with a good retail opportunity. Cunningham remarked he is willing to address whatever concerns the City Council may have regarding the proposed site plan. Mayor Jabbour commented that the City needs to look at this issue very carefully and needs to be as consistent as possible in making amendments to zoning districts. Jabbour noted the City had sound reasons for zoning the City the way it is and have made certain changes over the years to accommodate certain services that were not anticipated at the time the districts were adopted. Mayor Jabbour noted that the City Council needs to determine why the B -5 District should be amended to include this use and not erode away the City's limits on the business districts simply to accommodate a particular development. The City Council needs to decide whether this use is appropriate for this area, noting that the City would like to get a firm commitment from Walgreen's that they are serious about proceeding with this project before amending the zoning district. • Cunningham stated he is merely representing Walgreen's as a potential landlord, noting they would be a long -term tenant in this building should the project be approved. Cunningham remarked he will be meeting with representatives of Walgreen's on December 7th to discuss the project, and his goal is to have the district amended to accommodate this use. Mayor Jabbour noted that the public hearing for this development was held at the last Planning Commission meeting, but the Council will allow additional public comment at tonight's meeting. Gaffron stated he agrees that the City needs to understand the full impact that this zoning amendment would have on the City as a whole, noting that City Staff has not had sufficient time to look at this issue in a comprehensive manner. Cunningham stated he would not be opposed to a conditional use permit for this project. Flint commented he is having a difficult time distinguishing between the request for the amendment and the site plan. Flint stated he would like to see a drugstore in Navarre but has a concern over the size of the proposed building. Cunningham stated this is merely a prototype of the building that Walgreen's typically builds based upon numerous market studies and customer research. Cunningham indicated that Walgreen's may be agreeable to modifying the site plan slightly, noting that they have chosen not to have a two -story building, which they felt would be more objectionable. Cunningham stated that it would be Walgreen's decision on whether the size of the building should be-reduced. Kelley commented that he is aware that Walgreen's does have smaller stores located in downtown Minneapolis, and suggested that Cunningham discuss with Walgreen's the possibility of erecting . a smaller size building at this location. Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 • ( #2417 TOLD Development, continued) Cunningham stated if that is the direction of the City Council, he would be willing to approach Walgreen's with that recommendation. Flint stated that the present trend is towards more pedestrian friendly sites to promote a better sense of community, noting that this project is more oriented toward automobile traffic rather than pedestrian traffic. Peterson stated she is not opposed to the zoning amendment but has a concern over the size of the proposed building. Kelley noted he is in favor of a drugstore at that location, but the residents should have input into how they would like to see Navarre developed. Kelley stated that the size of the building and the potential water runoff are, in his view, the two main issues. Flint indicated he is not in favor of approving the amendment at this meeting. Goetten indicated that a drugstore is needed in Navarre, but that the size of the building and drainage should be addressed with Walgreen's. Steve Corl, 4225 Wilshire Boulevard, Mound, stated he has lived in Orono most of his life and feels that this is a great opportunity that might not happen again. Ted Kolander, 3265 Lafayette Ridge Court, stated the present site is an eyesore and this is a good opportunity for the City to improve the site. • Mayor Jabbour commented that the City Council needs to take all factors into consideration before arriving at a decision. John Anderson, 2195 Shadywood Road, noted that this area is an aging community and there is not a lot of undeveloped land available. Anderson stated in his opinion the drugstore would be an asset to the community, and he has polled the surrounding houses and has found only one resident who was opposed to the project. Steve Wagner, 3607 Shoreline Drive, remarked he is pleased that the City Council is looking at all the issues involved with this project, and noted that he would like to see a concrete answer to this requested amendment. Rick Meyer, 2195 Bayview Place, stated he is in favor of this project since it will provide jobs in the community as well as provide for positive retail growth in the neighborhood. John O'Sullivan presented the City Council with a petition in support of this development as well as a letter from Re /Max A -1 Excellence stating their support for the project. O'Sullivan noted the petition is from the residents surrounding the proposed development and the support has been overwhelmingly in favor of the project. Mayor Jabbour noted that the City Council will not be making their decision based solely on the input of the citizens. The City Council will not issue blanket variances on any development without going through the proper process, noting that the City Council would like the project to be built according to Orono standards. Jabbour remarked that the local residents need to realize that this decision will affect the other B -5 districts as well. Cunningham thanked the City Council for their consideration on this application and indicated that • he is willing to work jointly with Orono to come up with the best possible plan for this site. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2417 TOLD Development, continued) • Cunningham noted that the Planning Commission has indicated they are willing to work jointly with TOLD Development and Walgreen's on this development as well. Jabbour moved, Flint seconded, to direct City Staff to draft a letter to Walgreen's recommending that they consider reducing the size of their building. VOTE: Ayes 5, Nays 0. Jabbour moved, Kelley seconded, to continue Application #2417, 2380 Shadywood Road, to the December 14th City Council meeting. Barrett noted that the Applicant will need to agree to the continuation in writing. Cunningham indicated he is agreeable to the continuation. Cunningham stated he should have a firm commitment by Walgreen's to either proceed with or withdraw the application. VOTE ON MOTION: Ayes 5, Nays 0. (Recess taken at 10:01 p.m. -10:10 p.m.) ( #9) #2426 GEORGE STICKNEY, WILLOW DRIVE - PRELIMINARY SUBDIVISION - RESOLUTION NO. 4200 George Stickney was present. Van Zomeren stated the Applicant is proposing to subdivide a 6.57 acre parcel into two zoning • lots. Lot 1 would be a 4.02 acre lot and Lot 2 would be a 2.57 acre lot. This property lies within the RR -1B district which has a two acre minimum lot size. Van Zomeren remarked there are suitable septic sites available and no further variances should be necessary for the building sites. The preliminary plat does not indicate where the driveways would be located, and Staff is not recommending a shared driveway. The driveways shall not have a slope greater than 10 percent nor be located closer than five feet to either the north or south property lines of either lot. No stormwater ponding will be required as determined by the MCWD. A drainage map and grading /erosion control plan will need to be provided before the final plat is submitted. Van Zomeren commented that the park dedication fee for each parcel is $4900.00 based upon the City Assessor's valuation. Mayor Jabbour indicated it was his understanding that you only pay park dedication fees on the newly created lot. Flint stated that was not his understanding. Moorse indicated that if a park dedication fee has already been paid on the original lot, then only one park dedication fee needs to be paid. Moorse indicated that Staff will need to verify whether a park dedication fee has already been paid. Mayor Jabbour indicated that a new park dedication fee was adopted approximately one year ago which set a cap on the amount that needed to be paid. • Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 • ( #2426 George Stickney, continued) Barrett indicated that the language in the new ordinance will need to be reviewed. Flint stated they should get a recommendation from the City Attorney on the amount of park dedication fees that should be paid. Kelley moved, Goetten seconded, to approve Application #2416, XXXX Willow Drive, and adopt RESOLUTION NO. 4200, Granting Preliminary Approval of a Class II Subdivision of Lot 1, Block 1, Bill Kelley's Land. Flint stated there is ambiguity in regards to the stormwater management plan, noting that each development is to handle its own drainage but the language in the documents does not reflect that. The City Engineer states that depending on the comments of the MCWD, other options such as buffer strips may be needed, and the letter from the MCWD states that they have no suggestions with respect to this. Mayor Jabbour noted that the City Council has been consistent in their practice of requiring that each development manage their own drainage /runoff issues. Kellogg indicated he understands the position of the City Council. Kellogg noted that the current stormwater drainage plan has not been adopted as of this time, and once adopted, it will be easier to manage. VOTE ON MOTION: Ayes 5, Nays 0. • ( #10) #2428 TERRY MAURER ON BEHALF OF DAVID HARDTEN, 2515 KELLY AVENUE - VARIANCE - RESOLUTION NO. 4201 David and Christine Hardten were present. Terry Maurer was present. Weinberger stated the Applicants are proposing to remove the existing house and detached garage on the proeprty to build a new residence with attached garage. They would like to keep the existing boathouse with stairs along the lakeshore. At the last City Council meeting the Council recommended the Applicant revise the site plan to reduce hardcover in the 75 -250' lakeshore setback to the allowed 25 percent. The Applicants have revised the site plan reducing hardcover to 24.8 percent. The proposed hardcover in the 250 -500' setback is 30.6 percent where 30 percent is allowed. Kelley inquired what the City's policy is about issuing a certificate of occupancy prior to the driveway being blacktopped. Van Zomeren stated the building inspector will review the property before an occupancy certificate is issued, and in the case of the Silas application, a temporary occupancy certificate was issued before the driveway was completed. Kelley stated he wanted to insure that the driveway is completed and how that was regulated. Weinberger stated on the Silas application he went with the building inspector and measured the driveway. Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2428 Terry Maurer, continued) Kelley inquired whether the City does have procedures in place for inspecting the driveways. Weinberger stated yes, they do. Goetten moved, Kelley seconded, to approve Application #2428, 2515 Kelly Avenue, and adopt RESOLUTION NO. 4201, a Resolution Granting Variances to allow an accessory structure to remain on the proeprty without a principal structure, and variances in hardcover in the 0 -75' lakeshore setback and in the 250 -500' lakeshore setback. VOTE: Ayes 5, Nays 0. ( #11) #2430 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH - PRELIMINARY PLAT - RESOLUTION NO. 4202 Paul Phillips was present. Van Zomeren stated the Applicant is proposing to divide his 4.5 acre homestead parcel into two lots. Each lot would contain 2.0 acres served by a .5 acre outlot. The Planning Commission reviewed this application and had a concern whether a cul -de -sac was necessary, and determined that a cul -de -sac was not necessary based on the location of the existing residences and driveway. The majority felt that the proposed subdivision met the intent of the zoning and subdivision ordinance. • The Fire Department and Police Department have received this plan and wanted to insure that the road had the proper width for emergency vehicles to get in and out. • Van Zomeren stated that the Applicant has previously paid a park dedication fee of $400 for the one lot and will need to pay $4900.00 on the other lot. Mayor Jabbour stated in his view he does not think the cul -de -sac is warranted in this case. Van Zomeren remarked that the septic sites have to be taken into consideration when platting the cul -de -sac and if a cul -de -sac is required, the lots would not meet the two acre minimum. Mayor Jabbour commented that the ordinance requiring cul -de -sacs might need to be reviewed since there is some confusion over when a cul -de -sac is required. Flint noted there is some ambiguity concerning the stormwater ponding and that the MCWD has indicated via a telephone call that they will not require stormwater ponding for this subdivision. Flint inquired how the City will be regulating the drainage on this parcel. Mayor Jabbour stated it has been the philosophy and practice of the City Council to have each property owner be responsible for their water runoff, and the City is merely checking with the MCWD to verify that there are no other issues that need to be reviewed and drainage is subject to final review and approval by the City Engineer. Phillips stated he has no problem with drainage. Mayor Jabbour commented that the City is trying to insure that everyone understands the policy of the City as it pertains to drainage. Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2430 Paul Phillips, continued) Van Zomeren stated that some template language could be added to the resolution reflecting the City Engineer's letter. Flint moved, Peterson seconded, to approve Application #2430, 2140 Sixth Avenue North, and adopt RESOLUTION NO. 4202, a Resolution Granting Preliminary Approval for a Class II Subdivision, subject to the inclusion of the template language in the resolution reflecting the City Engineer's views on the stormwater issues. VOTE: Ayes 5, Nays 0. ( " #12) #2435 JEFF LITZAU - LUTZ CONSTRUCTION, 3433 LIVINGSTON AVENUE - VARIANCES - RESOLUTION NO. 4203 Goetten moved, Peterson seconded, to approve Application #2435, 3433 Livingston Avenue, and adopt RESOLUTION NO. 4203, a Resolution Granting a Variance to Lot Area and Lot Width. VOTE: Ayes 5, Nays 0. ( * #13) #2437 JEFF MARTINEAU, 2565 NORTH SHORE DRIVE - VARIANCES - RESOLUTION NO. 4204 Goetten moved, Peterson seconded, to approve Application #2437, 2565 North Shore Drive, and adopt RESOLUTION NO. 4204, a Resolution Granting Variances to Average Lakeshore Setback and Hardcover in the 0 -75' lakeshore setback. VOTE: Ayes 5, Nays 0. • ( * #14) #2438 MICHAEL SLETTEN, 4680 BAYSIDE ROAD - LOT LINE REARRANGEMENT - RESOLUTION NO. 4205 Goetten moved, Peterson seconded, to approve Application #2438, 4680 Bayside Road, and adopt RESOLUTION NO. 4205, a Resolution Approving a Subdivision of a Lot Line Rearrangement of a Property Located at 2680 Bayside Road. VOTE: Ayes 5, Nays 0. (Item #15 follows Item #18) ( #18) JOE FIEDLER - REFUND APPROVAL - RESOLUTION NO. 4208 Joe Fiedler was present. Barrett suggested that Paragraph #2 on page three be stricken from the draft. Moorse indicated that that paragraph has already been stricken. Kelley moved, Jabbour seconded, to adopt RESOLUTION NO. 4208, a Resolution Approving a Partial Refund of Sewer Assessment for 373 Westlake Street. VOTE: Ayes 3, Nays 2, Peterson and Goetten opposed. ( #15) #2439 SERVICE 800, INC., 2190 WAYZATA BOULEVARD - COMMERCIAL SITE PLAN • REVIEW - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION NO. 4206 Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2439 Service 800, Inc., continued) • Jean Mork Bredeson, Service 800, was present, along with Rich Kiemen, Builder, and Charles Radloff, Architect. Gaffron stated the Applicant is requesting approval of variances and commercial site plan for the construction of a 10,880 square foot office building on Lot 1, Block 1, Sugar Woods 2nd Addition. This request does require a conditional use permit for office use in the B -1 District. Variances to lot coverage, number of parking stalls, parking lot setbacks, and lack of loading berth are being requested in this application. The Planning Commission reviewed this application at its last meeting, and concluded that the lot coverage at 26.1 percent is acceptable given that this is a commercial site. There is no intent on the part of the Applicant to have a loading berth, and they are requesting that they only be required to construct 36 parking stalls instead of the required 45 parking stalls. Gaffron reported that the City Engineer did make a number of comments and recommendations in his November 9, 1998 letter regarding traffic, grading, drainage, utilities, and easements. The majority of these issues can and will be addressed in the construction plan review process prior to issuance of a building permit. Gaffron stated a letter of credit will be required as part of the development agreement. There is no access proposed to the adjacent Orono Shopping Center site, and the Applicant is proposing to do landscaping around the building and in front. The building material being proposed is a brick facade on the exterior of the building, with the trash receptables being contained inside. Gaffron remarked that a conditional use permit is required for the office use in the B -1 District, • which has been recommended for approval by the Planning Commission. Gaffron stated the Applicant did consider the possibility of making the building a two -story structure but ruled this option out due to the increased expenses associated with additional bathrooms and the need for an elevator. The Planning Commission did vote in favor of a recommendation to approve the commercial site plan with the variances as presented, to approve the conditional use permit for office use, to accept the proof of parking concept, the retention of the last nine stalls as green space until they are needed, subject to a future screening requirement along the rear lot line if the service road is ever built, and subject to resolving any remaining engineering issues or other matters. Jean Mork Bredeson stated she is the owner of Service 800, which currently employs 15 employees in Wayzata. They are in the business of providing consulting services to computer companies and are in need of expanding their present office space. Bredeson indicated they are willing to work closely with City Staff and City Council on this project. Kiemen noted that the site plan has been designed to take advantage of the natural topography as much as possible, with a boulevard being constructed along Highway 12. Landscaping around the building and low profile lighting is being proposed. Radloff stated the one story building fits in well architecturally with the other surrounding buildings as well as meeting the Applicant's needs at this time. Radloff stated the proof of parking was a reasonable request, and 36 parking stalls should provide adequate parking at this time. Kiemen stated the building material proposed is masonry with stone banding similar to brick but . less expensive. Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 • ( #2439 Service 800, Inc., continued) Bredeson remarked that it is a primary goal of Service 800 to end up with a building that they can take pride in as well as addressing their future and present business needs. Radloff stated the lighting being proposed is in compliance with Orono's lighting standards. Mayor Jabbour inquired whether the 26.1 percent lot coverage is in line with what has been approved previously for other commercial sites. Gaffron stated the 26.1 percent is slightly higher than what has been approved previously, noting that the ordinance when adopted was geared more towards residential and accessory structures located on less than two acres rather than commercial sites. City Staff has reviewed commercial sites ir: the surrounding areas and has found that on average 25 to 30 percent lot coverage is typicil' for a commercial site. Radlcf'f remarked that other cities regulate parking relative to the size of the building. Mayor Jabbour stated the public should be made aware of the differences between this development and the proposed project in Navarre. Gaffron stated this site is not subject to hardcover requirements which the other site is and lies within a B -1 District which has a different set of standards than a B -5 District. Kelley expressed a concern about the type of development that the City would like to see along Highway 12, noting that he would like to continue with the proposed lighting and setbacks for the remainder of Highway 12. Kelley noted that the B -1 District was Orono's most intense commercial • use district, and raised a concern about what this building might possibly be used for 15 years down the road. Kelley noted that this building has a potential of 30 employees in the building and there might be a problem with lack of parking in the future. Kelley stated he is in favor of the project. Gaffron stated that any new use associated with the building would require a certificate of occupancy and those issues could be addressed at that time. Bredeson stated they are proposing to use the building for their own use and anticipated growth, noting they do not have any intentions at this time to rent the vacant space out. Bredeson remarked that the company's growth has not been rapid and they anticipate this building will accommodate their needs for the next ten to fifteen years. Kiemen noted that they do not have a problem if the City Council would like the additional parking stalls constructed at this time. Kiemen noted that City Council can control the future uses of this building. Mayor Jabbour stated it is the obligation of the City Council to address all issues when considering an application. Goetten indicated in her view it is an attractive project, noting she is fine with the proposed parking and likes the green space. Goetten inquired what would trigger the additional parking spaces. Gaffron stated that would be up to the property owner to determine. • Kelley inquired what district Otten Brothers is located in. Page 19 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2439 Service 800, Inc., continued) Gaffron remarked that Otten Brothers operates under a PUD. Kelley commented that he does not have a problem with the proposed use but has a concern about what the building will be used for in the future. Flint inquired what this project will do to the service road to the north. Mayor Jabbour stated the service road will be used by a limited number of people. Gaffron stated the service road was originally designed when the Highway 12 corridor was undetermined, and the recommendation was to have it as an urban corridor to service various areas. Peterson indicated she was in favor of the project, but raised a concern regarding snow removal. Gaffron indicated that the snow will need to be moved off site. Mayor Jabbour inquired whether the Applicant would like to see this site changed to a B -4 District. Bredeson stated if the City Council would like to change the specifications so retail would not be allowed in the future at this site, that would be fine with her. Bredeson stated in her view she does not feel this building will lend itself well to a retail use. Gaffron indicated a B -4 District would involve municipal buildings, banks, insurance offices, nursing homes, hospitals, research centers, libraries, first -class restaurants, noting that retail is not a permitted use. Radloff stated it was their intent to design a building with zero variances, and was later informed • about the 15% lot coverage limit after the building had been designed and the possible existence of the road in the back. Mayor Jabbour indicated the right to have retail at this location still remains, and directed City Staff to explore the pros and cons of rezoning this property. Jabbour commented that he does not want to make that a condition of approval. Van Zomeren stated that a zoning amendment needs to be noticed. Gaffron noted that the Building Code does not require that the utility lines be buried. Mayor Jabbour commented that it might place an unnecessary burden on the Applicant if the utility lines were required to be buried, and suggested that the Applicant contact NSP to see if they would be willing to bury the utility lines. Gaffron remarked that the Applicant must comply with 15 or 20 conditions before a building permit will be issued, noting that the Applicant will not need to appear again before the City Council should they approve the application tonight. Moorse commented that the City Council may want to consider what building material they would like to see for any new future developments along Highway 12 as that will have the most impact as far as appearance. Mayor Jabbour suggested the application be approved subject to final review and approval by City Staff. Bredeson indicated they are very willing to work with City Staff on this application. • Page 20 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2439 Service 800, Inc., continued) Mayor Jabbour stated the City Council should consider what they would like to see for future development along Highway 12. Flint commented that sidewalks have been installed along portions of Highway 12. A resident commented that the sidewalks are six feet wide and extend down to the retaining pond where the sidewalk decreases to four feet wide. Moorse remarked that the City Council may want to address the building material being proposed as it will give the building a definite character and whether this is the type of building material they would like to see utilized on any future developments along Highway 12. Kiemen commented that this type of material has been chosen because it is less expensive than brick but still has a nice appearance to it. Goetten stated she finds the building material to be attractive. Kelley inquired how the stormwater drainage will be handled. Gaffron stated the existing stormwater system should handle any runoff from this property. Flint moved, Peterson seconded, to approve Application #2439, 2190 Wayzata Boulevard, and adopt RESOLUTION NO. 4206, a Resolution Granting Variances and Approving a Conditional Use Permit for an Office Use in the B -1 Zoning District and Approving the Issuance of a Building Permit to Service 800, Inc., subject to final review and approval Is by City Staff of the conditions outlined in the November 20, 1998 Planner's Report, and further subject to the construction of an eight foot sidewalk in the boulevard. VOTE: Ayes 5, Nays 0. ( * #16) #2442 TONY EIDEN, 345 LEAF STREET - VARIANCE - RENEWAL RESOLUTION NO. 4207 Goetten moved, Peterson seconded, to approve Application #2442, 345 Leaf Street, and adopt RESOLUTION NO. 4207, a Resolution Granting a Variance to Lot Area for Property Located at 345 Leaf Street. VOTE: Ayes 5, Nays 0. ( #17) LITTLE ORCHARD - VEGETATION EASEMENT AMENDMENT Dan Anderson was present. Gaffron stated the City Council had reviewed this application at their November 9th meeting where it was determined that the location of the existing easement boundary could be modified subject to staff and developer reaching a suitable agreement on the location. Council had generally accepted a boundary known as Line A with a curved line as depicted in Exhibit B. Staff and the Applicant have concluded that there are two additional alternates, Line B and Line C, which address the specific issues that are of concern. Anderson indicated he was in agreement with both Line A and Line B. • Gaffron commented that one issue is someone may not realize that this is a bluff area and will attempt to build into that area. Staff recommends Council adopt Line B. Page 21 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #17 Little Orchard, continued) U Goetten moved, Peterson seconded, to amend the Vegetation Easement Boundary to Line B, and adopt the language changes as proposed. VOTE: Ayes 5, Nays 0. (Council Member Goetten leaves at 11:59 p.m.) ( #19) BLUE HILL SPECIAL LOT COMBINATION - REVISE CONDITIONS Andrew Goetten was present. Gaffron stated the property owner is requesting that the City amend the Special Lot Combination Agreement to allow temporary or occasional parking on Outlot A of Blue Hill. The Applicant is wishing to establish a parking area for as many as six vehicles at the site, which will be used while the lakeshore is in use. Staff recommends Item 4b of the agreement be amended to allow the accessory parking area provided the parking area meets all required setbacks and hardcover limits within Parcel B, the parking area is adequately screened by natural vegetation or a fence so as to not be obtrusive to the neighboring properties, any grading work shall be subject to the appropriate land alteration permit, a chain barrier shall be maintained across the entrance to the parking area, and vehicle parking shall be limited to no more than four vehicles. Mayor Jabbour inquired whether leaving vehicles in a driveway is considered parking. Gaffron stated that the language in the ordinance is difficult to understand, but leaving a vehicle in a driveway is considered parking. Andrew Goetten indicated he is looking for temporary or occasional parking to accommodate his guests who wish to use the lake for ordinary purposes. Goetten stated he is not looking for permanent parking, noting that Section 10.61 applies to permanent parking. The requested six car parking area was arrived at to accommodate a party for 12 people, which would be the maximum number of cars that would be allowed to park in this area. Goetten commented there is no parking allowed along County Road 15 and the residents along Orono Orchard Road would probably not want parking along the roadway. Goetten indicated he is willing to erect a barrier across the entrance to the parking area as well as provide adequate screening. Goetten stated he will comply with the required setbacks and is well within his allowable hardcover for that parcel. Goetten indicated the use of this parking area will be limited to private use and will not be open to the general public. Flint remarked that this area will not be policed and that language should be included in the agreement to reflect that this area is to be used only for the property owner's private use. Peterson inquired whether a limit on the number of cars needs to be established. Mayor Jabbour suggested that parking area be limited to 750 square feet. Goetten indicated he does not have a problem with the limits recommended by City Staff and will comply with all required conditions, noting this agreement will not be easily enforced. Mayor Jabbour noted that if the Applicant chooses to erect a fence, it must be in compliance with Page 22 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #19 Blue Hill Special, continued) the City's fencing ordinances, and that the City does not allow screening along the rear of the property. Jabbour moved, Flint seconded, to amend the Blue Hill Special Combination Agreement to allow a parking area not to exceed 750 square feet in overall hardcover and to meet all conditions outlined in the November 20, 1998 Planner's Report. VOTE: Ayes 4, Nays 0. (Dianne Goetten returns at 12:30 a.m.) MAYOR/COUNCIL REPORT Mayor Jabbour requested that authorization be given to display a photo /flyer soliciting donations for Saga Hill. It was the consensus of the City Council to approve display of the flyer. Flint indicated that a complaint regarding the Chase matter has been turned over to the City Administrator for his review. Goetten inquired about the status of Highway 15, noting that the south side is not being completed until the spring and no surcharging is being done. • Mayor Jabbour commented the surcharging will be done later on. Goetten indicated that another lane of bituminuous has been installed but is not a full traffic lane. Gappa stated that has been done for snowplowing reasons. ( " #20) REQUEST FOR FINAL PAYMENT - OLD CRYSTAL BAY ROAD TRAFFIC SIGNAL Goetten moved, Peterson seconded, to approve Request for Final Payment to Electrical Installation & Maintenance, Maple Plain, Minnesota, in the amount of $8,250.00. VOTE: Ayes 5, Nays 0. ( " #21) REQUEST FOR PAYMENT #1 - NAVARRE WATER PLANT REHABILITATION Goetten moved, Peterson seconded, to approve Request for Payment #1 to Shank Constructors, Brooklyn Park, Minnesota, in the amount of $79,313.00. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( * #22) POLICE SERVICE CONTRACT RENEWALS - LONG LAKE, SPRING PARK AND MINNETONKA BEACH • Goetten moved, Peterson seconded, to approve the renewal of the police service contract with the Cities of Minnetonka Beach, Spring Park, and Long Lake. VOTE: Ayes 5, Nays 0. Page 23 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 • ( #23) LONG LAKE FIRE DEPARTMENT PROPOSAL TO PURCHASE 5 INCH FIRE HOSE Moorse recommended purchase of a five inch fire hose for the Long Lake Fire Department which will provide them with a water source that has as much capacity as a fire hydrant at the end of the hose. Kelley moved, Peterson seconded, to approve the purchase of 2,000 feet of 5 inch fire hose by the Long Lake Fire Department at a total cost of $12,300 (with Orono's share being $8,639.52), and to amend the 1998 Improvement and Equipment Outlay Fund budget to reflect this expenditure. VOTE: Ayes 5, Nays 0. Moorse indicated a work session has been scheduled for December 2 at 7:30 a.m. Kelley requested Moorse to send him a break -out of the City's portion of the health insurance costs, noting that the increase may be more than 3 percent when that aspect is factored in. CITY ATTORNEY'S REPORT Barrett had nothing to report. ( " #24) LICENSES Goetten moved, Peterson seconded, to approve the following licenses. VOTE: Ayes 5, • Nays 0. On Sale Liquor & Sunday Jimmie's Lounge 3380 Shoreline Drive Off Sale Liquor 12 Hi Liquor, Inc. 2160 West Wayzata Boulevard Navarre Liquors, Inc. 3421 Shoreline Drive Club Woodhill Country Club 200 Woodhill Road ( * #25) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Page 24 • ADJOURNMENT 0 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 Jabbour moved, Peterson seconded, to adjourn the meeting at 12:40 a.m. VOTE: Ayes 5, Nays 0. ATT E T: Linda S. Vee, City Clerk Gabriel J bbour, Mayor Page 25