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HomeMy WebLinkAboutP.C. minutes-5-21-1990 ,s - _ . � ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1524-TRINITY PRE-SCHOOL CONTINUED if the program were offered at less than three hcurs . It was moved by Moos , seconded by Hanson, to recommend approval of the conditional use permit for Trinity Lutheran Church for a pre-school program, subject to staff recommendations 1 and 2 . Motion, Ayes-6 , Nays-0 . Motion passed. #1525 WILLIAM & JOAN WROBLEWSRI 630 PARK LANE VARIANCE PUBLIC HEARING 9 :06 P.M. TO 9:10 P.M. Joan Wroblewski was present for this matter . The Affidavit of Publication and Certificate of Mazling were duly noted. Gaffron reviewed the information contained in his memo dated May 15 , 1990 . Kelley asked Ms . Wroblewski why she needed the additional porch area. Ms . Wroblewski replied that she would like enough room to be able to sit on the porch. There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked whether it would be possible for the applicants to place a roof over the porch without obtaining variance approval . Gaffron stated that a future variance would be required since the roof would constitute an encroachment of the 35 ' street setbacke It was moved by Johnson, seconded by Moos , to recommend approval of the hardcover variance to construct a concrete addition to the porch slab. Hardcover in the 75-250 ' zone shall be reduced to 45 . 6% . Motion, Ayes-S . Cohen , Nay. Motion passed� #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE PUBLIC HEARING 9:11 P.M. TO 9:30 P.M. Mr . Stubbs was present. Mabusth reviewed the information included in her memo dated May 17 , 1990 . Hanson asked, taking into consideration the drainageway that - 13 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE �1527-STUBBS CONTINUED will run through the property, whether there is sufficient land for a building envelope and septic sites . Mabusth replied that there will not be room to construct a large home , but the lot can sustain a reasonably sized ( 4 bedroom) residential structure. Kelley asked Mr. Stubbs what hardship he has for requiring a variance to the two-acre standard. Mr . Stubbs stated that there is no additional land to acquire. He said there will be no impact on adjacent properties . Bellows asked whether a setback variance to the septic code will be necessary. Gaffron replied that such a variance will need to be granted by staff . He stated that in this case , with the drainfield sites located approximately 15 ' higher than the marsh area , he has no concerns . He noted that a trench system is recommended for this property. Johnson favored the development of one residential site amongst 26 acres of land. Kelley asked whether restrictions as to building size should be established. Hanson stated that the capacity of the septic system could be used as a guide for the house size. Gaffron suggested that the number of bedrooms allowed for the home be recorded in the chain of title for the property. Bellows expressed concern about the use of bedrooms as a control . She stated that a four-bedroom house could still have 10 , 000 s . f . Bellows questioned whether it will be possible to suffic�ently legislate the development of this lot. She suggested that this may be another parcel of land that is not meant to be developed. Cohen concurred with Bellows . Gaffron noted that there are ways , through the variance process , to regulate the size of the house in accordance with the capacity of the septic systems . He cited a particular application for property on Eastlake Street where that was done . He also noted that septic systems are reviewed whenever permits are requested for additional bedrooms . There were no comments from the public regarding this matter - 14 - .. - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE �1527-STUBBS CONTINUED and the public hearing was closed. Kelley suggested tabling this application to allow time for staff to de�ermine a method to regulate the size of the house on this lot. It was moved by Ke11ey, seconded by Cohen , to table application ,�1527 . Motion, Ayes-5 , Nays-0 , Hanson abstained. Motion passed. �1529 JOHN B. THIESSE 3845 BAYSIDE ROAD VARIANCES PUBLIC HEARING 9 :32 P.M. TO 9 :38 P.M. Mr. Thiesse was present . Gaffron reviewed the information contained in his memo dated May 15 , 1990 relating to this application. Hanson asked where the septic system is located on this property. Gaffron explained that it is on the lake side of tne house , and when the lake is high , it is beloc� lake level . Hanson eYpressed concerns regarding the location and questioned whether he could permit further development of the property. Kelley stated that it may ultimately be necessary for Mr . Thiesse to use a holding tank to serve his septic needs until sewer is available . . Gaffron stated that the area for the proposed garage could not be used for repairing or replacing the septic system. He noted that the DNR is in tne process of revising regulations that will require the City to address the location of the septic system. He said the issue of sewer/septic is separate Lrom this application. Mr. Thiesse presented photographs showing his property and the property adjacent to his . Mr. Thiesse noted that he had talked with Mr . Don Jaques from Hennepin County regarding access onto Bayside Road. Mr . Jaques did not express any concern for � Nr. Thiesse ' s proposal . Mr. Thiesse asked the Planning Commission if they would consider a turn-around area in their motion. He stated that he did not include it in the application because of the existing hardcover , but would like to have it . There were no comments from the public regarding this matter and the public hearing was closed. - 15 - � ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1512-RUCE CONTINUED There were no further comments regarding this matter than those expressed by neighbors at the Aiay 21 , 1990 Planning Commission meeting. Kelley closed the Public Hearing. Cohen stated that on the one hand� there have been no complaints and the neighbors support Mr. Ruce. However, it is apparent that the business is expanding and that poses a problem because the business is occurring in a residential area. Pdoos concurred with Cohen. Hanson asked Mr. Ruce if in fact h�.s business is expanding. Mr. Ruce stated that he does not intend to expand the business beyond its present status . Hanson stated that he ��ould be concerned if just one neighbor had objected to the business . however, that is not the case. He did not believe it would be practical to ha.ve the vehicles stored off of the property. it ���as moved by Hanson, seconded by Johnson , to recommend approval of the Conditional Use Permit and Home Occupation variance � including approval of the greenhouse addition to the rear of the garage� subject to staff conditions 1 through 6 < Motion, Ayes-4 , Kelley, Cohen� Nay. P4otion carried. �1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE CONTINUATION OF PUBLIC HEARING 7:55 P.M. TO 8:12 P.M. t1r . Stubbs was present for this matter. Plabusth provided information that had been prepared sinc` the P�Iay 21 , 1990 Public Hearing ( see Jeanne I•Iabusth ' s memo dated June 13 � 1590 ) . Mabusth asked Planning Commission for their response to the development controls staff is recommending for this lot. Kelley did not believe that the controls would adequately limit the size of a structure that could be built on the property. Kelley asked Mabusth for the size of the building envelope. Mabusth estimated it to be 1/3 to 1/2 of an acre. She asked t3r. Gronberg if he would approximate the size. . Kelley suggested using the new Lot Coverage Ordinance to restrict the structure size within the building envelope. Kelley reconsidered and suggested applying the Lot Coverage Ordinance to the area east of the drainageway. - 7 - ti ' ORONO PLANNiIvG COr,P,IISSION MEETING HELD JUIvE 18 , 1990 ZONING FILE �1527-STUBBS CONTINUED the most suitable condition for a trench syster�. exists . Kelley stated that he would iike to have the wetland preserveci for eternity. i•�abusth stated that the City would take a flowa5e and conservation easement over the c��etland for the pur�ose of preservation. Th2re were no comments from the public regarding this application an the Public Hearing was closed. It was moved by Johnson� seconded by Cohen, to reconr�end ' approval of the lot area variance , subject to staff recommendations 1 through 6 and that the Lot Coverage Ordinance be used to limit the development of the prooerty and that it be based on the dry buildable area of 1 . n0 acres . Kelley asked Johnson �f he would include the flowage and conservation easement over the ��etlands . Johnson agreed, Cohen seconded. i�lotion, Johnson, Aye , Nays-4 � Hanson abstainea, due to his inter�st in the property. r4otion fa�.led. It was moved by Kelley� seconded by Cohen , to reconmend approval of the lot area variance subject to the Lot Coverage Ordinance being used based on the area east of the drainaae�aay. It is further recomriended that the house be linited to 3 bedrooms and that there be no meters used to r�onitor c�ater usage. The hardship is that Mr. Stubbs purchased the property prior to �he property being zoned as a two-acre parcel . Notion , Kelley� Aye , Nays-4 ; Hanson abstained. rlotion fai�ed. It was novec by Cohen , seconded by Bellows , to recomnend denial of the lot area variance. r�otion.. Ayes-�: . Johnson� Na_y, Hanson abstained. L�otion carried. �1532 FULLERTON PROPERTIES, INC. 2225 6TH AVENUE NORTH PRELII�'iINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 8:22 P.M. TO 8:27 P.M_ t;r. �oe Franks , Developer, t�lr. f�ark Gronberg � Surveyor ; and P4r . Tom Haislet , Realtor , were present. P1r. Jim CoY, an owner af property involved in this subdivision, was also present. P�abusth referred the Planning Comr.iission to her memo dated June 13 , 1990 , for updated information regarding the issues of this subdivision. Mabusth asked the Planning Commission for their opinion of granting a blanket conditional use permit for accessory structures on the four through lots of the plat. The Planning Commissian had a divided opinion as to whether or mot to yrant a blanket conditional use permit. - 9 - � � ORONO PLALdNING COMMISSION MEETING HELD JUN� 18, 1990 ZONING F�LE �1527-STUBBS COP7TIL7UED Mabusth asked ��r . Gronberg if he could determine the total area east of the drainageway and then calculate how much 15% of that area will be. tiloos stated that she would not be in favor of �he variance because it will be d�_ificult to sufficiently linit th2 development of the property. Cohen , Bellows and Kelley did not believe this property should be d.eveloped. Johnson <�sked whether it would be possible to install a pipe to facilitate drainage rather than having the ex�_sting drainagev�ay, I�;abusth stated that a pipe posed �ore problems �or maintenance. i�abusth said that at one point staff had conaidered realigning the drainageway and asked Gaffron if he could elaborate. Gaffron stated that due to the amount of runoff , a pipe �aouid not be as practical as a swale. He sa.i_d that staff did recommend cnaiinelizing the drainageway. Hanson s�tated that the lot does meet the standards requireci to be classified as a buildable lot . Hanson questioned whether it is current_ly accurate to state that 600 gallons of water per ' day and four bedrooms are one and the same. He su5gested that the City nay wish to further examine that issue . Hanson also suggested monitoring the amount af water usage with a meter as staff recommerided. Kelley a�nd Cohen disagreed with the use of a meter because of a lack of an appropriate penalty should usage exceed 600 gallons . Gronberg reported that the area east of the arainageway i.s 3/4 of an acre , 150 of wh�_cn would allow a 4 � 900 s . f . footprint. �;r. Stubbs noted that the zoning for this parcei at the time he purchased i.t was one acre. Mabusth recollected that area variances have been ap�roved on the basis that zoning for a given area changed subsequent to the property being purchased and that septic testing confirmed adequate and suitable area for principal and alternate on- site sewage disposal systems . In this case, the septic capabilities limit the future residence to four bedrooms or G00 gallons/day use level . Hanson noted that septic testing has indicated that gravel , - 8 - � ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 �1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE Mr. Stubbs was present, City Administrator Bernhardson revie�aed the ��r�ajor issues invoiving Mr. Stubb' s applicat�_on for a lot area vari_ance. Councilmember Goetten stated that she was surprised that the Planning Conmission had- r�commended deniai of this applica�ion. She said, "This is something that we have done in the past . It appears that staff has gone ta great efforts to find suitable controls for the property. The only additional control I would suggest is that the architectural plans , when prepared� should be submitted to staff for approval . The wetlands severely limit the buildable area of the site and v�e want to proceed in a cautious manner if this is approved. " Councilmember Callahan indicated that he concurred v�ith the Plannin5 Commission ' s recommendation for denial. Mabusth noted that there have been similar applications for lot area variances that were approved . Mabusth i_nformed Council that conventional trench systems can be used on this property d.ue to the excellent soil conditions that exist. It was moved by Mayor Grabek . seconded by Councilmeraber Goetten, to conceptually approve the lot area variance ior Bill Stubbs and direct staff to prepare an app�opr�_ate resalution, Goetten asked Grabek if he ���ould cons�der amending his motion to include a condition that staff must reviec�� the architectural plans before final approval is given. P�ayor Grabek a:�ended his motion , Goetten seconded. I7otzon • Ayes-2 . Callahan, Pvay. i-lotion passed. #1532 FULLERTON PROPERTIES, INC. 2225 S1X�H AVENUE NORTH PRELIMINARY SUBDIVISION RESOLUTION �2826 Nr. Joe Franks , 1�4ark Gronberg� Tom Haislet and Jim Cox were present for the review of this application. Councilmember Callahan asked for clarification rega.rding the additional 7 ' of right-of-way that will be taken by the City frora Mr. Cox. Bernhardson explained, "The City is requesting an additional 7 ' of right-of-way along Willow Drive. The right-of-way ��ill only be taken from what is now designated as 'Outlot A' . Should it become necessary for the City to upgrade t•dillocv Drive to an M. S.A, street, the City would need the 7 ' of right-of-way. However , should �Iennepin County pursue its plans for County Road - 5 - ` . ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 ZONING FILE #1502-HILBELINR CONTINUED Mr. Jentilucci asked when the drainage project would begin in relation to construction of Mr. Hilbelink ' s house. Mayor Grabek asked Mr. Jentilucci when he preferred that the work be done. Bernhardson stated that the work would more than likely be done before construction begins . Mr. Jentilucci stated that he wanted assurance that the drainage work �aould be done before there is any hardcover on Mr. Hilbelink ' s property. Mayor Grabek stated that the resolution would include language in accordance with Mr. Jentilucci ' s request. It was moved by Mayor Grabek, seconded by Nettles , to adopt Resolution #2839 , as amended to include language requiring that the drainage project be completed before any hardcover exists on t�ir . Hilbelink ' s property and that the existing drainage s�aale rernain in its present loc�tion. Further, that Council approves the agreement between Mr. Hilbelink and the City regarding the division of costs for the drainage project wherein P�1r. Hilbelink has agreed to pay $400 . 00 . Motion, Ayes-4 , Peterson , Nay. Motion passed. Peterson objected to granting variances for a new residence. #1516 WHITNEY MACMILLArd 1560 FOX STREET FINAL SUBDIVISION APPROVAL RESOLUTION �2$40* It was moved by Councilmember Nettles , seconded by Councilmember Peterson, to adopt Resolution �2840 , granting final plat approval for Mr. and Mrs . P�hitney Macriillan. Moti_on, Ayes-5 , Nays-0 . Motion passed. $1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE RESOLUTION #2841 Mr. Stubbs was present. Councilmember Callahan indicated that he concurred with the Planning Commission ' s recommendation that the lot should not be 3eveloped. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2841 , granting a lot area variance for Mr. Bill Stubbs to develop property located at 2555 Fox Street. Motion, Ayes-4 , Callahan, Nay. Motion passed. . - 7 - �