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HomeMy WebLinkAbout11/15/1993 Planning Commission Minutes , . PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 ROLL The Orono Planning Commission met on November 15, 1993 at 7:00 p.m. with the following members present: Chair Charles Schroeder, Charles Nolan Jr., Stephen Peterson, and Dale Lindquist. The following represented the City staff: Building and Zoning Administrator Jeanne Mabusth and Recorder Barbara Anderson. Chair Schroeder called the meeting to order at 7:00 p.m. Chairman Schroeder announced that Agenda Item #3, #1876 for James W. Ogland/Donald J. Stoyke had been withdrawn per the applicants request and Item #1 1 , #1893 for Christine Freeman had been rescheduled until the January Planning Commission meeting. 1. S 1850 James Spinner 940 North Arm Drive - Variances - Revised Plan - Referral from Council Building and Zoning Administrator Jeanne Mabusth gave the staff report and reviewed the amended proposal with the Planning Commission. Mr. Herstein, the applicant's consultant, was present and stated that his client has agreed to offer the removal of paved area between the lakeside and the proposed garage addition. Chairman Schroeder inquired if the hill would have to be cut into and Mr. Herstein responded affirmatively and stated that there was a steep slope in this area. Commissioner Nolan inquired if the applicant had considered regrading the area and Mr. Herstein responded he had not. Schroeder asked if the concrete area on the north side of the house could be removed. Discussion ensued regarding the concrete pad on the north side of the residence and whether the petitioner would be willing to remove it. Commissioner Nolan moved, Schroeder seconded, to deny#1850 variance for James Spinner at 940 North Arm Drive based on the following findings: 1 . The petitioner was requesting a variance for new structural hardcover within the 0-75' setback area and this is very difficult to approve. 2. The amount of the variance requested is excessive and approval was to be based on less than adequate concessions . Commissioners Schroeder, Nolan, and Peterson voted "aye". Commissioner Lindquist voted "no". Motion carried. Commissioner Lindquist stated he voted no because he felt that the petitioner was reducing the amount of hardcover on the property and he supported the proposal. 1 . � PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 . #1850 Gary DeSantis/Sailors World 1955 Shoreline Drive - Variances - continuation of Public Hearing Building and Zoning Administrator Jeanne Mabusth gave the staff report. Gary DeSantis, the applicant, was present and explained the lack of storage space was a hardship and he requested the Planning Commission to approve his request. He stated the DNR was concerned about locating the proposed storage module as far away from the water as possible. He stated he was willing to provide landscaping and screening to buffer the module from the view from the roadway. He stated that Ceil Strauss of the DNR had said she would send a letter to the Planning Commission stating that the proposed location was acceptable. Mr. DeSantis discussed the exterior appearance of the building and explained why it was not feasible to make an addition onto the existing building because of the existing window and door placement. Commissioner Nolan inquired how much the setback variance would be if the module were placed as shown on the plans and Ms. Mabusth responded that it would require a 40' setback variance. Mr. DeSantis stated that the position of the module shown on the plans was the position selected by the DNR. He noted that it could be moved if the Planning Commission preferred a different location. Chairman Schroeder stated he was sympathetic to the applicant's situation but was not supportive of the proposed location. Commissioner Peterson inquired what made the module movable, and Mr. DeSantis responded that it could be moved from one place to another if it were placed directly on the asphalt and not on a foundation. Ms. Mabusth commented that the structure was designed to blend in with the principal structure. Mr. DeSantis reviewed the proposed landscaping to screen the storage module. Commissioner Nolan inquired about the trash enclosure and whether the area of the site occupied by a walkway was necessary, and Mr. DeSantis responded affirmatively. Discussion ensued regarding the feasibility of constructing an addition onto the existing building. Mr. DeSantis explained why this was not practicable because of the placement of windows and doors in the principal structure. Commissioner Lindquist moved, Peterson seconded, to aeprove #1874 variance for a 30' setback to allow a storage module to be placed on Space #34 without a foundation, directiv on the asphalt, subject to the following stipulations: 1 . The applicant provide a landscape plan for staff review and approval for screening of the proposed storage module. 2. The doors of the storage module face away from the street. Commissioners Schroeder, Nolan, Peterson, and Lindquist voted "aye". Motion carried. 2 . PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 �. #1876 James W. Ogland/Donald J. Stoyke 3345/3339 Crystal Bay Road - Vacation of road - Continuation of Public Hearing This item was withdrawn by the applicants in a letter which was entered into the record. 4. #1886 Robert L. Melamed 1000 Old Crystal Bay Road South - Conditional Use Permit - Land Alteration - Public Hearing Building and Zoning Administrator Jeanne Mabusth gave the staff report. The Public Hearing was opened. Duke Haas, 820 Old Crystal Bay Road, asked if the proposal would include removal of the old gravel road. Ms. Mabusth responded affirmatively, and stated that the City would require that the entire area be restored to natural ground cover, as it was before the road was there. The Public Hearing was closed. Robert Melamed, the applicant, stated that it was required by the City Engineer that they provide an updated grading plan, and they are in agreement with that condition. Commissioner Lindquist moved Schroeder seconded for aeproval of S 1886 Conditional Use Permit for Robert L Melamed at 1000 Old Crvstal Bay Road South to permit filling of apqroximately 1 800 cubicyards of fill sub�ect to submission of revised grading plans for staff review and approval. Commissioners Schroeder, Nolan, Peterson, and Lindquist voted "aye". Motion carried. 5. #1887 Robert L. Melamed 1000 Old Crystal Bay Road South - Conditional Use Permit - Public Hearing Building and Zoning Administrator Jeanne Mabusth gave the staff report and stated that staff recommended approval of the request to allow construction of a guest house on the property located at 1000 Old Crystal Bay Road South, based on the understanding that a subdivision of the property will soon be forthcoming. Robert Melamed, the applicant, stated he was proposing to construct the guest house as a residence for his mother. He stated that they plan on submitting a request for a subdivision in January, and he did not anticipate any variances to be associated with that petition. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. 3 . PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 Commissioner Peterson moved Nolan seconded for aeproval of #1887 Conditional Use Permit for Robert L Melamed at 1000 Old Crvstal Bay Road South to permit construction of a quest house on the propertv subject to the following stipulation: 1 . In the event that the forthcoming subdivision is not finalized, the second residential unit must not be used for rental purposes, but must remain for the exclusive use of the applicant, his family members, guests, or hired help. Commissioners Schroeder, Nolan, Peterson, and Lindquist voted "aye". Motion carried. 6. #1888 Paul and VeNita Schnebele 835 Forest Arms Lane - Variance - Public Hearing Building and Zoning Administrator Jeanne Mabusth gave the staff report. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Paul Schnebele, the applicant, stated they propose to install new landscaping and remove the remaining rock and plastic. He showed the areas that were already completed and those that will be done next spring. Chairman Schroeder inquired if there had been any comments from any of the neighbors. Mr. �chnebel�stated tk�at one n�ighbor had his garage next to the �roperty line and the other _ neighbor would have a clear view of the channel. Commissioner Peterson inquired if there had been any water problems in the neighbor to the east's back yard, and Mr. Schnebele responded that he was unaware of any. Commissioner Lindquist moved Nolan seconded for aeproval of #1888 Variance for lakeshore setback variance for lakeside addition to existing residence for Paul and VeNita Schnebele at 835 Forest Arms Lane subject to the following stipulation: 1 . Applicant remove the additional rock and plastic hardsurface cover as recommended by staff. Chairman Schroeder directed staff to determine the percent of rock and plastic that will need to be removed prior to review by the City Council. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. 4 . � PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 . . #1889 Rodney J. Batzlaff 1115 Brown Road South - Variance Renewal - Public Hearing Building and Zoning Administrator Jeanne Mabusth gave the staff report. Rodney Batzlaff, the applicant, gave a brief history of the site and the lot division. Commissioner Nolan stated he was concerned about the screening from adjacent properties. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Commissioner Nolan moved Lindquist seconded for approval of #1889 Variance Renewal for Rodney J. Batzlaff at 1 1 1 5 Brown Road South subject to the following stipulations: 1 . The principal structure shall be moved 2' to the north to eliminate the side yard setback variance. 2. Screening shall be placed between the subject property and the parcel to the south. 3. The shed located in the rear yard shall be moved to conform to the side yard setback requirement. Commissio�e�� Nolan,�chroed€r, Peter�on, and Lindquist voted "�ye". Motion carried. _ 8. #1890 Craig Hertzenberg 115 Smith Avenue - Variance - Public Hearing Building and Zoning Administrator Jeanne Mabusth gave the staff report and stated that the applicant is proposing to retain a new portion of the detached structure consisting of a single stall garage. The well is located in a landscaped area and there will be adequate clearance, so the well does not need to be relocated. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Commissioner Nolan inquired if the septic system was adequate and Ms. Mabusth responded affirmatively, and noted there was not a problem with the amount of lot coverage. 5 . � PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 Commissioner Nolan inquired how the applicant planned on doing the roof, and Mr. Hertzenberg responded that it will be a new roof. Commissioner Nolan inquired if the applicant had considered excavating under the new addition to increase the amount of storage space available. Mr. Hertzenberg stated they had considered that, but the only area suitable for excavation was that located under the proposed family room, and there was no way to provide access to that area from the within the basement because it was separated by a crawl space. Chairman Schroeder moved, Peterson seconded, to aeprove #1890 Variance for Craiq Hertzenberg at 1 1 5 Smith Avenue with the side yard setback as proposed. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. 9. 1891 Brian and Barbara Ehalt/Don and Glee Jarnes 140 Leaf Street - Variance - Public Hearing Building and Zoning Administrator Jeanne Mabusth gave the staff report, and stated that Mr. Jarnes has agreed to grant a 25' easement for future roadway expansion. She noted that a street setback and the hardcover excesses in the 75-250' setback area at approximately 6% are at issue. Commissioner Peterson inquired about the curb cut and whether it would be realigned further to the north. He also inquired about the hill and the applicant responded that he would go around it. Commissioner Lindquist asked if the applicant proposed to have a single garage door, and Mr. Jarnes responded affirmatively, and noted that it would be a 16 foot wide single door. Commissioner Nolan inquired about the concrete patio along the back portion of the house to the lakeside and whether the applicant proposed to remove it. Mr. Jarnes responded that it was an existing patio, and he proposed to retain it. Chairman Schroeder stated he was concerned about the increase in hardcover and he felt that at least a portion of the patio should be removed to lessen the amount of the hardcover variance. Commissioner Peterson commented that he saw the patio when he visited the site, although it was not indicated on the survey. Discussion ensued regarding the size of the patio and the amount of hardsurface coverage on the site. Ms. Mabusth noted that the surveyor had not indicated the patio on the plans, but it was approximately 6' x 15' in area. Staff felt that if 7.5 square feet were removed from the existing patio it would be sufficient to bring the hardcover area into compliance with ordinance requirements. Mr. Jarnes noted that closing was contingent upon approval of this variance request. Commissioner Peterson commented he did not have a problem with the applicant's proposal; however, he was concerned about the accuracy of the survey which had been submitted. Chairman Schroeder commented he did not support increasing the amount of hardsurface 6 . � PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 coverage on the site; Commissioner Nolan agreed, and stated he felt that steps should be taken to lessen the amount of hardsurface coverage. He supported staff's recommendation for removal of 7 square feet of patio. Commissioner Lindquist moved Peterson seconded for approval of#1891 Variance for Brian Ehalt/Don Jarnes at 140 Leaf Street with the understanding that there will be no increase in the 0-75' setback area of hardcover area and the aeplicant will submit a revised survev showing the hardcover within the 75-250' setback area at no more than 30%. Chairman Schroeder noted he was uncomfortable moving ahead without an accurate survey, and stated this was not something he liked to do. Commissioner Lindquist stated he felt the applicant should submit a revised survey prior to City Council review, which had the dimensions on it. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. 10. #1892 Bruce Kehring 4415 Forest Lake Landing - Variance - Public Hearing Building and Zoning Administrator Jeanne Mabusth gave the staff report. She noted that Blake Bichanich, the architect for the applicant was also present. She stated that the sewer was 150' away and the applicant will be able to connect to it. The applicant will have to make a payment of a front footage charge as part of the sewer connection fee. Bruce Kehring, the applicant, explained that the roof of the house is proposed to be used as an exterior entertainment area to avoid the use of patios or decks. He stated the highest point of the house is 30'. Ms. Mabusth stated that a small portion of the house will be three-story and the ordinance allows for a 2.5 stories. The proposed house meets the 30' height requirement but will require a variance for three stories. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Ms. Mabusth explained staff's position regarding the average lakeshore setback and stated there is no problem because the lots are separated by a public roadway, and the property owner has no claim on the view. The current property owner, Roger Byboth, stated he had talked to the neighbors and they were glad to see the proposal. Ms. Mabusth discussed the hardcover variance and the hardship created by the shape of the parcel. Discussion ensued regarding the drainage on the property, and the drainage system � for the house was explained. The water will drain down from the roof into four holding 7 . � PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 tanks, and then slowly perk into a drainfield area to the west of the house. The shape of the lot was discussed in relation to hardship because there is adequate area, but the shape of the lot limits the area available for the building. Discussion ensued regarding the design of the house in relation to the shape of the lot and the surrounding neighborhood. Commissioner Peterson commented that this was a unique situation and he liked the control of the drainage from the house. Chairman Schroeder commented he felt the design was inconsistent with the neighborhood, and Mr. Kehring responded that it was dictated by the shape of the lot. Commissioner Peterson moved Lindquist seconded for aeproval of #1892 Variance for Bruce Kehring, 4415 Forest Lake Landin� with the hardcover variance and a variance for a three-story structure less than 30' in height based on the hardship of an unusual shaped lot with a 13,700 sq. ft. building envelope. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. 11 . #1893 Christine Freeman 2240 Shadywood Road - Variance - Public Hearing (Rescheduled to January, 1994) 12. #1842 Tom Browne 760 Brown Road South - Variance - Request to modify approved Development Plan Building and Zoning Administrator Jeanne Mabusth gave the staff report. Tom Browne, the applicant, was present. Commissioner Lindquist inquired if staff had any problems with the changes, and Ms. Mabusth responded negatively. Mr. Browne noted that the changes came up after Council had approved the original plans. Commissioner Nolan moved Peterson seconded, to aeprove the modifications to the a�proved Development Plans for Tom Browne at 760 Brown Road South as set forth in the staff report. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. SKETCH PLAN REVIEW 13. #1885 Lundgren Brothers Construction 2765 Sixth Avenue North - Sketch Plan Review for proposed subdivision Commissioner Peterson left the table for the following discussion. Building and Zoning Administrator Jeanne Mabusth stated that this was a sketch plan review and required no action by the Planning Commission. She stated that the zoning was the most important issue, and reviewed the staff report. 8 . • PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 Chairman Schroeder inquired if the proposal had been reviewed before the Council, and Ms. Mabusth responded that the Council had informally considered whether the City would consider the rezoning. Mayor Ed Callahan stated that the Council was not in favor of the rezoning, and that was the extent of the discussion. Mr. Terry Forbord, Lundgren Brothers, stated they were cognizant of the ordinance in Orono and were aware of the issues. He stated they believe there are reasons why the rezoning proposal should be considered and presented their development team to address those concerns. He introduced Mr. John Uban of Dahlgren, Shardlow & Uban, Brian Olson, Director of Land Development for Lundgren Brothers, Frank Svoboda, a Certified Wetland Biologist to discuss the wetland mitigation issues, and Ken Adolph, a Principal Engineer with Schoell and Madson in Minnetonka. Mr. Forbord stated that they have tried to provide distinctive features in their developments which set them apart from those of other developers in the metropolitan area. He noted that as the supply of available land diminishes, they have had to take on projects that were more difficult to develop. John Uban showed exhibits that were included in the packet and reviewed why they felt it was important to the City of Orono to have this type of development. He discussed the proposed zoning density and noted that while it is not what was envisioned in the City's Comprehensive Plan, there are reasons why it should be considered. Among these is the fact that the school is expanding and the church property has been sold and ballfields have been constructed on property adjacent to the proposed site. He stated they believe this project would balance the residential and commercial areas. He reviewed the PUD zoning designation and discussed the reasons why they believe that a municipal sewer system is needed for development of the property. He reviewed the cluster development idea and stated they believe it to be both necessary and feasible. He discussed the buffering for the project, and the ordinance criteria. He cited the busy roadways surrounding the site and the adjacent land uses as being compatible with the proposed zoning. Frank Svoboda discussed the wetland mitigation and enhancement involved with the project. He discussed the compensatory mitigation for unavoidable wetland losses and stated that they will create new wetlands at a ratio of 2 to 1 , which would mean that two acres of wetland will be created for every one acre of wetland lost. He illustrated where the wetlands are located on the site and described the various types of trees and vegetation within those wetland areas. He stated that most of the wetlands have been subject to agricultural tillage in the past, depending on the amount of rainfall, and are not considered to be "pristine" wetlands. He asked the Planning Commission to consider a variance to allow the wetlands to be modified. Ken Adolph, Schoell and Madson, discussed the high water table which precluded on-site septic systems. He stated that sanitary sewer would be extended into the area, and noted that it was reasonable to cluster the development into a pattern which could economically be served by extending utilities into the area. He discussed the storm water management 9 . PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 plan and the site grading and drainage plans. He showed graphics illustrating the wetland mitigation proposals. John Uban reviewed the zoning issues and the density they are proposing at one unit per acre. He discussed the site constraints and reviewed the design for the proposed development. He explained how the runoff can be consolidated and retained in one large wetland area by using the natural features of the site. He discussed tree preservation plans and the roadway plan. He stated they believe it is beneficial to put the open space around the perimeter of the site and cluster the houses together on the interior portion of the site. He discussed the internal roadway system and their efforts to preserve the woods. He noted that the site consists of 58.6 acres, and the development occupies 38 acres, which comprises a density of one unit per acre. In summary, he noted that the proposed development met the PUD ordinance criteria, and they would be creating a quality development. Chairman Schroeder discussed the one unit per acre density and the two acre lot minimum standard. He inquired if it would be possible for the developers to increase the lot size to meet the one unit per two acre density. Mr. Forbord stated that Lundgren Brothers had a specific type of customer in mind when they designed this development, and projects were designed based on demographics and community profiles. Their customer profile is significantly different than that of their competitors. He stated they had worked with City staff to design a project that would best suit their potential customers and in this case staff supported a PUD format for development. He noted that the one unit per acre density exceeded the normal density throughout the metropolitan area. Chairman Schroeder commented that the City of Orono has 2-5 acre minimum lot sizes, which exceeds the standards of other communities in the metro area. Discussion ensued regarding the costs involved with extending municipal utilities to the property and the issue of how those costs would be passed on to the buyers of the lots within the proposed development. Commissioner Nolan inquired why septic systems would not be feasible on this site, and Ms. Mabusth responded that a study had been done in the early 1970's for an earlier subdivision which indicated that no septic systems should be placed on this property. She noted she felt that PUD was the proper zoning designation for this property. The costs involved with extending City sewer to the property were discussed. The issue of the density was discussed, with the Commission concurring that the one unit per two acre density was preferable to the one unit per one acre density proposed by the applicant. Mr. Forbord stated that it was not feasible to proceed with the project if that was going to be the requirement of the City. He explained how their costs per lot are always higher than those of other developers. Commissioner Nolan commented he felt there were benefits to clustering the houses within the development, but he was concerned about the density and inquired if the density could be reduced and the project still be viable. Mr. Forbord responded that there was a diversity in what people wanted and he did not believe the 10 . PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 project would be viable if they were required to construct it with a one unit per two acre density. Chairman Schroeder stated he supported the one unit per two acre density and he would like to see the project developed with that density. Commissioner Lindquist stated he concurred with Chairman Schroeder and he would have difficulty supporting the project as proposed. Commissioner Nolan stated he thought the plan showed sensitivity to the area but the density issue was something he had to agree with his fellow commissioners on. The overall density of the project was discussed. Mr. Forbord commented that if the City was going to require a density of two acres per unit this property would not be developed by Lundgren Brothers and would probably not be developed at all given the expense of providing municipal utilities. He asked if the City was saying that they did not want this property to develop at all. Chairman Schroeder responded that they wanted to see the land developed with fewer lots, but it was not accurate to say that the City did not want the land to be developed at all. John Uban asked if the Planning Commission would support a plan with multiple access from County Road 6, and all the Commissioners responded negatively. Mr. Forbord stated that it was not the price of the land which made it so expensive to develop the project, but the costs involved with the grading costs, which were three times the usual given the poor soils and the high water table. He stated they believe the site is ideal for a PUD zoning designation. Chairman Schroeder stated that they would consider the plan with a reduced density. Commissioner Peterson returned to the table. PLANNING COMMISSION COMMENTS 14. Report by Planning Commission Representative to Council Meeting of November 8, 1993. Chairman Schroeder reviewed the actions taken by the Council which included acceptance of the Planning Commission recommendation regarding flag lots and staff had been directed to draft an ordinance. He stated that the McKinney duplex was approved, although the City Attorney had informed them that they could not legally require owner occupancy. 15. Other issues for discussion. There were none. 11 PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 �DDITIONAL ITEMS 16. Planning Commission approval of minutes of the October 18, 1993 meeting. Commissioner Schroeder moved Lindquist seconded for approval of the October 18, 1993 Planning Commission minutes as submitted. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. 17. Planning Commission approval of minutes of the October 21, 1993 special meeting. Chairman Schroeder moved, Peterson seconded for aQproval of the October 21 , 1992 Planning Commission special meeting minutes as submitted. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. 18. Planning Commission to select a representative to attend the December 13, 1993 meeting of the Council. Chairman Schroeder volunteered to attend the December 13, 1993 City Council meeting. ADJOURNMENT :ommissioner Peterson moved, Lindquist seconded, to adjourn the Planning Commission meetina at 1 1 :00 p.m. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. The meeting was adjourned. � Charles Schroeder, Chai 12 ,ANNING COMMISSIO COUNCIL PUBLIC ATTENDANCE MEETING DATE ��/� � �ij PLEASE FILL OUT THE INFORMATIULtI REQU�STED BELOW FOR OUR C�TY RECORDS . PRESENT EOR (from agenda) NAME (please print) ADDRESS NAME OR NCJMBER , 1 ;,� A .�. �� �: ; ,,�,,-d�; .;- - ;�;,;<..�- ,r.,-,� L�� �` P %��;� o, a ��,��-�`� �s �-`�r�� I 5S"s� �� .�� r ��� �r7 3 .J /�`` ,`.� v� :� N� ���U /f�"� . .�/.,.;L� � �N�v G� „ 4 . .. _ ._... .�_ 5 . 6 . � 8 . 9 . _ 10 . " 11 . 12 . 13 . 14 . 15 . 16 . �- 17 . 18 . 19 . l .