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HomeMy WebLinkAboutP.C. minutes/10-19-09 < � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19,2009 6:30 o'clock p.m. 6. #09-3431 WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT,8:09 P.M.—8:58 P.M. Peter Johnson,Attorney-at-Law, appeared on behalf of Wagener Properties, LLC. Curtis stated the applicant is requesting a conditional use permit to conduct land alterations in excess of 500 cubic yards in order to restore the property to its previous, pre-development grades. In 2006, the previous owners had received a building permit and associated land alteration permit in order to redevelop the property and construct a new residence. After the City issued the building permit the previous owners abandoned the project. Wagener Properties, LLC, is the new owner of the subject property and has requested a conditional use permit in order to restare the grade of the property. A new residence is not proposed at this time and the property owner proposes to remove the existing blacktop driveway. Planning Staff recommends approval of the conditional use permit in accordance with the City of Orono regulations and the City Engineer's recommendations. Peter Johnson stated fill has been imported on this lot to correct grades in the past and that the middle part of the property was scraped down in preparation for a foundation,which was later abandoned. The grading problems have actually gotten worse over the years. They would like to regrade the property with imported fill to restore the grade and top soil. Johnson stated the previous applicant paid fees of$10,000,with no project being completed, and that they would ask that their fees be waived in recognition of the fact that those fees have been paid by the previous applicant. Curtis requested that item be discussed with the City Council. Chair Kang opened the public hearing at 8:12 p.m. Mike Russin, 3175 North Shore Drive, stated the neighbors have eight or nine issues with the project. The proposal shows that 225 truck loads of fill will be required. The neighbors have a concern that that amount of fill and traffic on their common driveway(from North Shore Drive) will damage the roadway. The driveway is private and is the only access to their homes. The amount of truck traffic will also impact the value of their properties. Secondly,the City Engineer has expressed concern regarding drainage following the fill and no documentation has been submitted on how the issue with the slope will be addressed. There will be significant water issues given the substantial amount of fill that is involved,which could create additional water issues for the neighbors. There is also no mention of the length of time the project will take and no mention of how the driveway will be kept clean. Finally, there is no remedy for any ancillary damage that may occur due to the size and scope of the project. The neighbors are requesting that an agreement be drafted amongst all parties that utilize the common driveway addressing these issues prior to any work being commenced on the property. Russin noted that Wagener Properties does have another access off of Bohns Point Road,which may be a better solution. Page 11 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3431 WAGENER PROPERTIES, CONTINUED Russin stated he would like to clarify that there is still an ongoing dispute between the property owner of 3155 and Wagener Properties. The plans submitted are misleading in that the fence lines would block the residents at 3155 from accessing their own driveway and also prevent emergency vehicles from entering and turning around. Russin stated they would like to know exactly what is being proposed for this property and how it will impact their properties. Sever Peterson 3145 Northshore Drive, stated he shares the same concerns as his other neighbors and that he would have fewer concerns if the access off of Bohns Point was utilized. Johnson pointed out they are proposing to use the Bohns Point access, not the North Shore access. Peterson stated he would still have a concern regarding the drainage following the placement of the fill and that he would like the City to ensure that no drainage goes on to the neighbors' properties. Currently they do not experience any runoff. The common driveway requires some patching and he is not sure how that will be handled. Peterson indicated he attempted to reach the owners twice to discuss the possibility of a gate to see if they are interested in erecting one and received no response,which has raised a concern about his ability to work with Wagener Properties. Catherine Russin stated she is unclear about how the fill is going to look after it is brought in. Russin stated 225 truck loads is a lot and that construction is messy and noisy. Russin expressed a concern about the drainage. They have lived there for 15 years and nothing has been done to the property except for fill being brought in and dirt being pushed around. They would like clarification on how the property is going to look after the dirt is brought in since they have not seen any plans. Russin stated following a heavy rain,the whole front of the property is filled with rain. Mike Russin stated depending on how the property is filled,you could have a gully at a 45-degree angle, which would allow the water to run into the neighbaring property. Catherine Russin stated she would like to be assured that proper drainage and grading is going to be done as part of this project. Curtis asked whether they have reviewed the City Engineer's comments and recommendations. Catherine Russin stated they have only seen the packet of information that was available last week. Curtis stated the City Engineer has reviewed the plans for drainage that may impact the adjoining properties. The City Engineers have made recommendations regarding the number of truck loads and the route to be used. The drainage impact to 3155 North Shore was also corrected and addressed by the applicant. Catherine Russin stated they have not been kept informed of what is being proposed for this property and that they would like to know what is going to happen. Page 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3431 WAGENER PROPERTIES,CONTINUED Curtis suggested that the neighbors could meet with the City Engineer on what is being proposed for the property and possibly review topographical information on the adjoining properties to see how it will impact their lots. Johnson stated as it relates to the contact with the neighbors,he was unaware that they had attempted to contact him and he apologizes for that. The intention of the property owner was to get the process started shortly after purchasing the property but that a boundary dispute did arise and the property owners have been dealing with that. They are currently in the process of fine tuning the details of an agreement,which relates primarily to the lakeshore by the Mandel home, and they are not proposing any fill in that area. Johnson stated there currently are erosion issues and ponding water which needs to be addressed. The appearance of the fill is designed to continue the current look of the front of the property. The haul road w.ill be over the Wagener's existing property and not the common driveway. Before the Munsons were issued their permit to construct a home and bring in the fill over the North Shore Drive access, a maintenance agreement was required and was executed by the neighbors. T'here is a common driveway access easement out to North Shore and that the agreement requires that whoever damages the driveway must repair it. They are planning on utilizing the Bohns Point access, so that should not be an issue. Johnson stated the Mandel's driveway, as you enter from North Shore, does utilize a small corner to turn vehicles around,which is not an issue tonight. The fence is not a part of the application tonight. As outlined in the City Engineer's report,the Wagener property,which is the low property in the neighborhood,will continue to accept drainage from all adjoining property owners and convey it to the lake, not the neighboring properties. They will be using the Wagener property for the haul road. The City Engineer has requested that they identify best practices as part of their application,which has been submitted. Erosion control measures have also passed the City Engineer's inspection. Catherine Russin pointed out the location of their properly in comparison to the Wagener property. Currently there is a gully on the Wagener property and Russin asked what will happen with that gully and whether the dirt would be brought level with their property. Johnson indicated there will be a berm and a drainage swale created,which will handle the runofF from the Russin property down to the lake. Catherine Russin pointed out they have a number of plantings in that area and asked whether any work will be done on their property. Schoenzeit stated the applicant's plan does show the proposed grading and drainage and that drainage does not appear to be an issue for the Russin's property. Mike Russin asked how much dirt is being added next to the property line. Kang stated it appears that there needs to be better communication with the neighbors and that perhaps this application should be tabled. Berg asked whether this is the same plan that was approved previously. Page 13 a MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. #09-3431 WAGENER PROPERTIE5,CONTINUED Curtis stated this is less than what was originally proposed. Berg stated she does not feel this is the venue in which these issues should be resolved and that the application should be tabled. Catherine Russin stated they did not know about this until they were notified by the City. Russin indicated they would appreciate the opportunity to discuss what is proposed to be done with the applicant. Curtis stated Staff could set up a meeting with the neighbors and the City Engineer and perhaps the applicant's engineer prior to the city council meeting. Schoenzeit noted there has been a review done by the City Engineer and that he has approved the work. Kang suggested that the Planning Commission move this forward and that a meeting be arranged with the neighbors. Catherine Russin asked what would happen if they still had concerns following the meeting. Kang indicated they could appear before the City Council. Johnson stated he is willing to meet with the neighbors individually and explain as best he can what is provided for in the drainage plan and the best practices plan and erosion controls that are being proposed. Johnson stated he was not aware of the neighbors' concerns until tonight. Johnson requested the Planning Commission move this application forward. Peterson requested the application be tabled until the issues are resolved. Berg stated the Planning Commission does understand what is being proposed,but that the motion could be contingent upon the applicant's engineer or representative meeting with the neighbors. Peterson asked why this is being moved forward if the neighbors' concerns have not been addressed. Berg noted meeting with the neighbors would be a condition of the motion,and that if they feel their issues have not been addressed,they can address the City Council. Berg stated the Planning Commission understands what is being proposed and that the City Engineer has reviewed and approved the work. Schwingler stated the public notice is part of standard procedure and that the issues raised by the City Engineer were addressed in a revised plan. Schwingler recommended the neighbors meet with the applicant's representative and the City Engineer. Chair Kang closed the public hearing at 8:49 p.m. Berg moved to recommend approval of Application#09-3431,Wagener Properties,LLC,3165 North Shore Drive,granting of a conditional use permit,in accordance with the City Engineer's recommendations,subject to the applicant and/or his representatives meeting with City Staff,the City Engineer,and the neighbors prior-to the next City Council meeting. Page 14 � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2009 6:30 o'clock p.m. Curtis requested the neighbors contact her if they do not hear from the applicant. Schoenzeit seconded the motion. VOTE: Ayes 5,Nays 0. 7. #09-3432 CHRIS GERARDI,GENERAL MANAGER ON BEHALF OF WAYZATA COUNTRY CLUB,200 WAYZATA BOULEVARD,CONDITIONAL USE PERMIT AMENDMENT,8:54 P.M.—8:58 P.M. Bob Distal, Golf Course Superintendent of Wayzata Country Club,was present. Curtis stated the Applicant requests approval of the construction of an addition to be constructed on to the existing maintenance building at 430 Old Long Lake Road. The existing country club maintenance building on the south side of the Luce Line has existed on the site for many years. The existing building contains one bathroom. The number of employees utilizing the space in this building has increased and subsequently the need for additional office space and additional bathrooms has increased. The owner proposes to utilize a manufactured building as a temporary addition to the existing building in order to solve the immediate space issues while they work out a long-term solution. The addition is approximately 960 square feet in area and is proposed to fill in the notch in the northwest side of the existing building. The addition would be no closer to the adjacent homes or the Luce Line Trail than the existing building. The property is not subject to hardcover regulations. Planning Staff recommends approval of the conditional use permit for the addition to the maintenance building. The addition should be painted to match the existing building. Additionally,the City's septic manager must approve the location of the building in relation to the existing septic tank location. Distal indicated he is in agreement with Staff's report. Kang asked whether he has received a copy of the letter from the DNR. Distal indicated they did and that their setbacks are within the guidelines of the state. Chair Kang opened the public hearing at 8:58 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 8:58 p.m. Leskinen moved,Schoenzeit seconded,to recommend approval of Application#09-3432,Chris Gerardi,General Manager,on Behalf of Wayzata Country Club,200 Wayzata Boulevard,granting of a conditional use permit amendment,subject to the recommendations of Staff. VOTE: Ayes 5, Nays 0. Page 15