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HomeMy WebLinkAbout05-15-2017 Planning Commission Minutes CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Denise Leskinen, Chad Olson, Loren Schoenzeit, and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Member Wendy Dankey was present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. Approval of Planning Commission Minutes of April 17,2017 Leskinen moved, Schwingler seconded,to approve the minutes of the Orono Planning Commission meeting of April 17,2017,as submitted. VOTE: Ayes 5,Nays 0. 2. 17-3925 City of Orono,Text Amendment: Small Lots/Setbacks,6:35 P.M.—7:03 P.M. Barnhart noted the Planning Commission reviewed this item at their April meeting where it was tabled. The issue of setbacks for small lots within the City has been on the ordinance review list for several years. In the Council's goals for 2017, it ranked as the 5th most important issue. In 2016,the City processed 41variances of various types; side or street setbacks were included in 19 of them. This is as a result of a number of properties having been developed prior to the enactment of the regulations, resulting in the property owner having to request a variance of some type for many improvements, depending on where the house is located. At the time the original ordinances were created, property owners were encouraged to combine smaller lots into one bigger lot, which did not occur as often as the City anticipated. There are several areas of the community where the development pattern is inconsistent with the zoning district. Barnhart displayed several maps: Map A shows lots in red that are less than 1/4 acre, with clusters of these lots being located in 1/2 acre, 1 acre, and 2 acre zones. As an example,the LR-1B district has a minimum one acre lot size. A number of lots are a quarter acre or half an acre. The front yard setback is 35 feet,the side yard setback is 10 feet, and the back yard setback is 35 feet. A majority of the lots do not meet those setbacks and are nonconforming. In the nonconforming situation, any property owner who would like to expand would require a variance,which tends to be a 6-week process. The question before the Planning Commission and the City Council is whether the ordinance should be modified in some manner to allow these properties to be improved without the need for so many variances. In the case of a variance,the property owner needs to demonstrate a practical difficulty. Map B shows lots in blue between 1/4 and 1/2 acre, with clusters of these lots being located in 1/2 acre, 1 acre, and 2 acre zones. Each map includes the zoning legend. Approximately 95% of the non- conforming lots are within one of these four zoning districts. Page 1 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Barnhart noted Staff's report identifies four different options. One option is to leave everything as is and retain the status quo. A second option is to create a new zoning district. The challenge in that option would be to address both the larger and smaller lots, which could open up some potential problems in the sense that the City's ordinances oftentimes reflects specific zoning districts. If a new district is added, it is possible some items may not be addressed, such as stormwater or hardcover requirements. As a result, Staff is very cautious about creating a new zoning district. An additional concern with rezoning is that it invariably will add density. Barnhart noted if adding additional density is a concern,this option is probably not the way the Planning Commission and/or City Council would like to go. A third option is to modify the existing zoning district and adjusting the setback requirements in selected districts. If the setbacks are reduced for the RR-1B zoning district, it would allow some of the lots to be improved without the need for a variance. Barnhart noted the RR-1B district probably encompasses one- third of the City, and if the setbacks are reduced on the larger lots, it is likely additional density will also be added. The final option is to reduce the width requirement. In the LR-1B zoning district where the lot requirement is one acre and the lot width is 140 feet, if that lot does not have the 140 feet of required width,the side yard setback could be equal to 10 percent of the lot width. If the lot is 60 feet wide, 10 percent of the lot width would be six feet. Staff, however, is proposing a minimum of eight feet,which reduces it somewhat from the current 10-foot side setback requirement. Barnhart stated while that is not a major change, Staff is attempting to balance the desires of property owners to expand their footprint with the desire of their neighbors not to have a house real close to the property line. Barnhart stated if the Planning Commission feels the setbacks are an issue,they should consider one of these options. In addition, language in the draft ordinance amendment states that adjustments to the side yard setback adjacent to an unimproved street can be made. An example of that is the property located at 300 Crestview, which is located next to a right-of-way. That property owner had to go through the process to vacant a segment of the road,which reduced their setback from 30 feet to 10 feet. Staff is looking to get feedback from the Planning Commission and the public on the different options. Thiesse asked whether the City is confident that all of the unimproved rights-of-way within the City will not be developed or whether any areas should be identified as not being included under this ordinance. Barnhart indicated they could, but his feeling is that the City has already improved the rights-of-way that it needs. Thiesse commented as long as the City is comfortable that it has the right-of-way that it needs,he does not have an issue with that. Schoenzeit asked how width is measured on a nonrectangular lot. Page 2 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Barnhart indicated the width is defined in the City's zoning ordinance and it is based on the width of the at the building setback line for nonlakeshore lots. On lakeshore lots,the width is measured at the ordinary high water line and 75 feet back. Schoenzeit asked which number would be used if the numbers differ. Barnhart stated he would use the shortest dimension. Schwingler asked if the City had 41 variance requests last year. Barnhart stated the City had 41 variance requests last year and 19 of those variances involved side or side street setback variance requests. Thiesse asked if there were any applications where a side street setback variance was the only request. Barnhart stated if it is a substandard lot and they do not meet any of the setbacks,they also have to request lot area and lot width variances. Barnhart indicated he did not determine if there were any applications that only requested a side street setback variance. Chair Thiesse opened the public hearing at 6:49 p.m. Brandy Carlson, 1185 Arbor Street, stated she would like to note the intent of this is to free Staff from needing to do the paperwork to grant variances. Carlson stated having lived in the area for 30-plus years, she knows that most of the lots in her neighborhood are nonconforming. If those property owners were to build out to the side setback,they would still require a front or a rear variance. Carlson noted her house sits on over three acres and is only 35 feet from the street,which is similar to the other homes in the area. Carlson stated she does not feel this will help free up Staff time since the applicants would still require other variances and that in her view the map is somewhat misleading. Carlson noted she sent the City a map where she would suggest rezoning be applied,which would be in the sewered areas, and that in her view she does not feel it is suited for the outer part of the RR-1B district. Carlson stated she would ask the Planning Commission to consider not going with Staffs recommendation and that things would be better addressed with rezoning. Carlson stated if her neighborhood is rezoned to one acre,the neighborhood would increase by two parcels, which would be the two parcels that come out of her 3-acre parcel. In addition,the front setbacks would then be 35 feet and the sides would be 10 feet,which is the same thing that is being achieved with this. Rezoning to one acre might also alleviate the possibility that all these people may need a variance to the front yard setback or the rear yard setback since it would be reduced from 50 to 35 feet. Richie Anderson, 3205 Crystal Bay Road, stated they are currently looking at constructing a house next to the marina on a 57-foot wide lot and that in his view, under the new ordinance, with the 20 percent structural coverage and five percent more for hardcover,they are going to be able to build a really nice house with the 10-foot setbacks. Anderson stated he would not want to be the person who lives on a small lot with an adjoining small lot where they can build closer to the lot line. Chair Thiesse closed the public hearing at 6:53 p.m. Page 3 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Thiesse commented he cannot remember the last time the City had a variance request for just a side yard setback and that he does not see any reason to streamline it. Schwingler asked whether this would be considered spot zoning. Barnhart stated if individual neighborhoods are rezoned, someone could make an argument for spot zoning. Barnhart stated if the zoning parameters are changed, he would not consider that spot zoning. Thiesse stated one possible way would be to make it administrative from eight to ten, and if it does not meet what the City is looking for,the person would need to apply for a variance. Barnhart stated whatever the setback is approved at, he would be able to approve it, and that in his view this version of the draft ordinance solves what the City is trying to achieve. Schoenzeit stated in his view the 10-foot setback, even on small lots, is another nice feature to prevent homes from being on top of one another. Schoenzeit noted the City can look at the variances on a case- by-case basis. Thiesse stated since a side yard setback typically is not requested by itself, it would not really help streamline the process at all. Leskinen indicated she is in agreement and that it would be better to look at the lot on an overall basis. Barnhart noted there are three issues that are being addressed with the draft ordinance. The first is side yard setbacks and nonconforming lots. The second issue was unimproved rights-of-way, and the third was side yards adjacent to the street. Schoenzeit stated the goal of streamlining things will not happen and that these are unique situations that should be reviewed on a case-by-case basis. Thiesse noted if a person lives next to an unimproved right-of-way, it might be a case where a person could get by without a variance. Schoenzeit questioned how many of those situations exist and whether it is necessary to change the ordinance to address them. Barnhart stated when you have a nonconforming lot adjacent to an old fire lane and that requires a 30-foot side yard setback rather than 10 feet, that can be pretty drastic to a property owner. In the case where the right-of-way happens to be improved at a future time, potentially there is a risk that the road will be closer than 35 feet if the text amendment is adopted. Leskinen commented she would be inclined to accept a 10-foot setback next to an unimproved right-of- way and leave everything else as is. Thiesse and Schoenzeit indicated they are in agreement with Commissioner Leskinen. Barnhart stated under that scenario, Sections 2 through 5 would be stricken, and the only setback change would be the side yard setback adjacent to unimproved rights-of-way. Page 4 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Olson moved, Schwingler seconded,Application No. 17-3925,City of Orono,Text Amendment: Small Lots/Setbacks,with the recommendation that Sections 2-5 be stricken and that the language pertaining to the side yard setback adjacent to an unimproved right-of-way remain. VOTE: Ayes 5,Nays 0. 3. 17-3934 Jim Kirkland on behalf of North Shore Marina, 1955 Shoreline Drive,Variances, 7:03 P.M.—7:09 P.M. Jim Kirkland, Applicant,was present. Curtis stated the subject property is a marina which has had an existing free standing pylon sign identifying their site since the late 1980's/early 1990's. At this time the applicants wish to remove the outdated pylon sign and replace it with a new low-profile stone monument sign in a different location. This new sign will be 40 inches tall and is proposed to be set back three feet from the property line where a 10-foot setback is required and 60 feet from the lake where a 75-foot setback is required. A hardcover variance for the 75-foot area is requested to permit the 15 square foot footprint of the sign where no hardcover is permitted. A variance to the sign ordinance is also requested to permit a 16-inch clearance from the grade. The code requires a minimum of 20 inches of clearance from grade for the sign copy area and the applicants are proposing 16 inches of clearance. The 20-inch requirement is to facilitate placement of plantings around the sign. Hennepin County has submitted comments relating to the sign location and have expressed no concerns. To date, no additional public comments have been received. Staff finds the site's size and orientation squeezed between Shoreline Drive and the lake serve as practical difficulties supporting both the setback variances as well as the hardcover variance. Additionally,the width of the shoulder supports the installation of the low-profile monument sign within the required setback. Although the sign will be three feet from the property line, it will be ten feet from the "curb"and 20 feet from the fog line on Shoreline Drive. The ground clearance requirement conflicts with the applicant's desire to have a low-profile sign. A fence located at the same setback could be 42 inches tall and the sign is proposed at 40 inches. Planning Staff recommends approval. Thiesse asked if the City would be assuming any risk by allowing the sign closer to the road. Curtis stated she is not aware of any and that the City Engineer and Hennepin County are aware of the request. Thiesse asked why the applicants only want it 16 inches from the ground. Curtis indicated the applicants would like a low profile sign and that they do not need the sign to identify the site. Jim Kirkland,North Shore Marina, stated they are just looking to have a more updated sign. Chair Thiesse opened the public hearing at 7:07 p.m. Page 5 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Joe Malkusky, 1950 Shoreline Drive, asked if there is a picture of the sign available. Curtis displayed a color rendition of the proposed sign. Malkusky noted he lives across the street and that his concern is whether there will be any lighting on the sign. Kirkland stated they will back light the letters and numbers rather than projecting the light up on it. Kirkland indicated the lighting should be pretty subtle and soft. Malkusky stated those are his only concerns. Malkusky noted a number of accidents occur on County Road 15 and that he does not want the sign to be distracting to drivers. Chair Thiesse closed the public hearing at 7:08 p.m. Schwingler commented the request is pretty straight forward. Leskinen moved,Schoenzeit seconded,to recommend approval of Application No. 17-3934,Jim Kirkland on behalf of North Shore Marina, 1955 Shoreline Drive,granting of variances, per Staff recommendations. VOTE: Ayes 5,Nays 0. 4. 17-3935 Orono Public Schools,2687 Wayzata Boulevard West,Conditional Use Permit, 7:09 P.M.—7:20 P.M. Justin McCoy, Orono Public Schools,was present. Barnhart stated the Orono School District plans to purchase the building at 2687 Wayzata Boulevard and convert it into a bus operations center and storage. While bus garages are not a listed permitted or conditional use, Staff believes they are similar to trucking but not distribution. The implication here is to avoid large warehouses that require frequent deliveries to and from. The bus operations will include a small office, restroom, and small maintenance area for minor bus repair, as well as indoor bus parking for 18 buses. Also indoors will be 5,000 square feet of storage for the school district, primarily supplies and equipment. Outdoor bus storage would include 15 buses and vans to be located along the east property line. Additional exterior improvements include above ground fuel tanks at the front of the building. Landscaping and pine trees are also proposed along the front of the building. A formal landscaping plan has not yet been developed. No additions to the building are proposed. The Orono bus garage is currently located at 505 Tamarack Avenue in Long Lake. The bus garage traffic will be highest in the morning between the hours of 6:30 through 9:15 and early afternoon between 2:00 and 4:30 as part of the school pick up and return process. No students will come to the bus garage. Since these hours also align with the AM rush hour, that may limit the ability to make a left turn out of the driveway, though no traffic study has been requested. The plans for Wayzata Boulevard show a median break and there does not appear to be room to accommodate turning lanes. Page 6 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. All property owners within 350 feet were notified of this application. To date, no public comments have been received. Barnhart displayed pictures of the existing site. Barnhart stated the biggest issue seems to be parking of the buses outdoors and the fuel island. Staff does not view vehicle parking as outdoor storage but there is a concern with yellow buses visible from the street and the residential/commercial properties to the north. It is suggested a berm and landscaping be installed since this is preferable to a fence as fences tend to degrade over time. The Planning Commission should discuss location options and possible berming and screening with the applicant. Staff recommends approval subject to the following five conditions: 1. No bus washing improvements since SAC and WAC charges are associated with water usage, which will impact the City, and bus washing will result in debris and oil before it enters the City's sewer treatment system. 2. No repair work outside of the building is to be performed. 3. The fuel island should be located in the side or rear yard. 4. Staff does recommend, rather than six pine trees,a berm and landscaping should be added to be approved by Staff. 5. Compliance with the City's Fire Code. Thiesse asked how tall a bus would be. Barnhart noted he is not suggesting the berm to be as tall as the bus. Justin McCoy, Coordinator of Facilities and Safety for the Orono School District, stated Staff has done a good job and the School District is in agreement with Staff's recommendations. Thiesse asked how the traffic situation will work for the school district at the new location. McCoy stated there will be some vehicles that will have to cross traffic but that there is full access into the building with right and left-hand turn lanes. McCoy stated they do not really see any challenges since the buses will leave before rush hour. Schoenzeit asked if this is an upgrade or a downgrade in terms of number of buses. McCoy indicated it would be an upgrade since it is a larger building and is fully sprinkled. The buses stored outside would be more charter buses and the buses that are used on a daily basis would be kept indoors. Thiesse asked if the site has been maximized or whether additional buses could fit on the site. McCoy stated 33 buses are more buses than the school district currently needs. Chair Thiesse opened the public hearing at 7:17 p.m. Page 7 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 7:17 p.m. Thiesse stated his concerns are the fill station and the height of the berm. Barnhart noted Staff is proposing a 2 to 5-foot undulating berm with plantings on top of that to be approved by Staff. Thiesse stated the site is pretty wide open currently but a few years ago there was an adjacent property with large trucks that was approved. Thiesse noted he drives by that property regularly and does not notice it anymore. Barnhart asked if the screening that was applied to the adjacent property should be applied to this property. Thiesse stated to his recollection the City did not require any and that he would prefer what Staff has recommended. Olson stated he would prefer a berm over a fence. Thiesse asked if a fuel station is critical or whether it could be located in the back corner. McCoy stated it can be relocated and they will do so based on Staff's recommendations and the direction of the fire chief. Schoenzeit moved, Leskinen seconded,to recommend approval of Application No. 17-3935,Orono Public Schools,2687 Wayzata Boulevard West,granting of a conditional use permit per Staff recommendations. VOTE: Ayes 5,Nays 0. 5. 17-3936 Orono Public Schools,685 Old Crystal Bay Road North, Conditional Use Permit, 7:20 P.M.—7:27 P.M. Justin McCoy, Orono Public Schools, was present. Barnhart the school district proposes to remove two small sheds consisting of approximately 1,400 square feet and replace them with a larger 64 by 96 or 6,144 square foot building to be connected to an existing garage. The buildings will be metal sided and match the existing structure. The buildings will house ongoing maintenance operations of the school district property and facilities. Also included in this project is paving the existing gravel parking lot and adding 3,500 square feet of asphalt in front of the garage doors of the new building. The school district, in conjunction with the rotary, constructed an outdoor `kitchen' adjacent to an existing pavilion on the property in fall of 2016. Since the kitchen is an expansion of the building, a Conditional Use Permit is necessary. The kitchen consists of an approximately 280 square foot patio, concrete counter, and a propane grill. The kitchen is located on a lot that is 16 acres in size and the maintenance project is located on a parcel 32.95 acres in size. Page 8 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. The projects are not expected to be visible from off the property and are not likely to cause any impacts on adjacent property owners. In terms of the scale of improvements already made, these two projects are minor. The overall property consists of approximately 32 acres and currently has two buildings and a sand gravel area. The projects add minimal hardcover to the property and zero hardcover in the 150-foot lake yard. The garage space will be 30 feet from an interior property line as required but the existing building falls within the setback. To date, no public comments have been received. Staff recommends approval. No new access off of existing roads is being proposed and Staff does not anticipate any impacts to adjacent properties. The Planning Commission had no questions for Staff. Justin McCoy, Coordinator of Facilities and Safety for the Orono School District, stated one of the items before the Planning Commission consists of an outdoor kitchen that was done in conjunction with the Rotary. McCoy apologized for not obtaining approval for that project ahead of time but that he is here tonight to make it right. The second item is the maintenance building and will be used to store maintenance equipment. Chair Thiesse opened the public hearing at 7:26 p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 7:26 p.m. Leskinen moved, Schoenzeit seconded,to recommend approval of Application No. 17-3936,Orono Public Schools,685 Old Crystal Bay Road,granting of a conditional use permit per Staff recommendations.VOTE: Ayes 5,Nays 0. 6. 17-3937 Black Bear Builders on behalf of John Brooks,905 Ferndale Road West,Variance, 7:27 P.M.—7:31 P.M. Stuart Cleveland, Black Bear Builders, and John Brooks, Applicant, were present. Curtis stated the applicant is proposing to construct an approximate 3 x 6 foot concrete pad to support installation of a natural gas fuel generator less than 75 feet from the ordinary high water level at the bottom of the staircase. No hardcover is permitted and structures are not permitted within 75 feet. The structure is also proposed within 30 feet of a potential wetland. The proposal results in an additional 19 square feet of hardcover within the 75-foot setback. The property is nearly 10 percent below the allowed 25 percent hardcover level. The most inconspicuous and logical location for the generator pad is where it is proposed. The generator will be accessed by the existing secondary driveway. From the lake,the improvement will be completely Page 9 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. screened by the remainder of the property, and at least than three feet tall, it likely will not be visible from the road. Moving the improvement further from the lake to the south would result in locating it in a steep slope likely causing further disturbance. The wetland setback and hardcover variances are supported by the site constraints. Planning Staff recommends approval of the variances. The applicant should confirm the dimensions of the proposed pad since there was a conflict in the plans provided. If the pad increases slightly to conform to the plans, Staff would continue to recommend approval. The Planning Commission had no questions for Staff. Stuaart Cleveland, Black Bear Builders, stated he did notice that there was a slightly discrepancy on the size of the pad and that they are proposing the pad to be approximately 4' x 8' to provide a little extra room around the generator. John Brooks, Applicant, noted the plans said 3' x 6.5'. Brooks commended Planner Curtis for her work on this application. Chair Thiesse opened the public hearing at 7:30 p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 7:30 p.m. Schwingler moved,Olson seconded,to recommend approval of Application No. 17-3937,Black Bear Builders on behalf of John Brooks,905 Ferndale Road West,granting of a variance, per Staff recommendations. VOTE: Ayes 5,Nays 0. 7. 17-3938 TC Homes,Inc.,on behalf of Nancy Bloms, 1325 Rest Point Lane,Variance,7:31 P.M.—7:52 P.M. Brian Tata, TC Homes, was present. Barnhart stated the City has received an application for a variance to construct a new home on this substandard lot. The proposed improvement would encroach into the side street setback six feet. A 35- foot setback is required and the applicants are proposing a 29-foot setback. The lot is substandard as to width at 75 feet wide where 140 feet is required and is substandard in area at .35 acres. The property does meet the hardcover and structural coverage requirements for the zoning district. Barnhart noted Rest Point Lane is to the south, with an unimproved alley to the west, and County Road 19. No access is proposed off of Highway 19 or off of Rest Point Lane. The alley currently provides to one lot and secondary access to the lot to the north. Three lots would come off the alley if this application Page 10 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. is approved. There is an egress well located in the setback. City Code does allow egress wells into a required yard up to five feet. This proposed improvement would meet that and Staff feels the request is appropriate. The floor plans show a standard development that would be expected for a house of this size. Barnhart displayed an aerial photograph of the subject property and pointed out the location of the alleyway. The City has received some public comments which were included in the Commissioners' packets. Those comments expressed concerns about drainage onto their properties and the impacts to a retaining wall and an irrigation system currently on the property. There were also concerns relating to the amount of traffic in the alleyway and the possible loss of valuation to their properties. Staff feels the applicant has demonstrated a practical difficulty and Staff recommends approval of the variance as requested. If the proposed improvement was bigger or multiple variances were being requested, Staff would feel differently, but as proposed, Staff recommends approval. The Planning Commission had no questions for Staff. Brian Tata,TC Homes, stated they are proposing to construct a single-family home on the lot. The lot poses some challenges as far as width but in his view they have done a good job designing an attractive home for the neighborhood. Thiesse asked if any confirmation has been received from the other surveyor named in the email received earlier today. Barnhart indicated Staff has not received anything. Barnhart stated concerns relating to water runoff are important to Staff and during the building plan review Staff ensures that runoff is not going onto the neighboring properties. Chair Thiesse opened the public hearing at 7:39 p.m. Steve Hatcher,4635 North Shore Drive, stated part of their concerns is runoff since they currently have water in their basements. Hatcher stated when his insurance company looked at his property, they consistently said that if there is a structure placed at the proposed site, that will increase the water coming into their basements. Thiesse asked if this is subsurface water. Hatcher indicated it is subsurface water. The previous owner built a retaining wall on part of the easement area and a portion of the retaining wall to the north of his property continues to have pressure put on it. Hatcher stated it was noted when he purchased the property that the retaining wall was starting to blow out from the water. With placing a structure and diverting that water around the proposed property, it will continue to increase the water towards the retaining wall area. Hatcher stated a portion of their sprinkler system is up in the left-hand corner, which will result in the need for him to reroute his sprinkler system. Hatcher stated that was something that was unknown when he purchased the property and it will be relocated. Page 11 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Hatcher stated another challenge is snow removal. Currently all of the snow from the driveway is placed on the far side of Rest Point Lane. With another structure on that property, it will continue to build up on the sides. Hatcher indicated he has 12 grandkids who play in that area and that having higher banks poses a problem to the kids. Tom Ahren, 1335 Rest Point Lane, stated he did take the plans and met with Mark Gronberg. Gronberg indicated the plans should be more detailed. Ahren noted it is approximately45 feet up the street to the top and that he does get a lot of water runoff as well. Mark Gronberg's concern was that he did not see any way they could avoid all of that and that it would be difficult to control the water. Ahren noted he already has had to dig up his foundation three times in order to improve the waterproofing and that he is very concerned about the runoff. Ahren indicated they are willing to acquire this property from the seller and keep it as a green, open space. Ahren noted there is also a lot on the other side of the street that would be better to build on and that they are not opposed to a home on that lot. Nancy Bloms,Applicant, stated the two gentlemen did make offers on the property but that her realtor reminded them repeatedly that they could up their offer and purchase it. Bloms stated this builder and buyer in good faith purchased the property. Bloms stated the neighbors had every opportunity to alleviate any problems they perceive from this. Bloms noted this is a buildable property and what is being proposed appears to be a good application. Bloms stated when she first heard about the retaining wall issue, she looked at it and it appears to be far enough up to not do any further damage. Bloms stated the water is probably all going to head down to the southwest corner,which is going to go down the fire lane into the lake, which is where it should be directed. Bloms stated a person cannot leave a buildable lot vacant that they own to accommodate someone else's property and that they had a lot of opportunity to purchase the property. Bloms noted Staff is calling this an alleyway but that it is an access way, which was similar to what was approved earlier tonight. Bloms stated when she looked at this property, she felt having 35-foot setbacks on three sides was asking a lot of a property owner. Bloms stated that variance is probably irrelevant at this point but in her view it was a good call on the part of the Planning Commission and that she can see why they would want to look at things on a case-by-case basis. Thiesse noted the Planning Commission recommended that portion of the ordinance be approved and that the City Council would need to approve it. Chair Thiesse closed the public hearing at 7:48 p.m. Thiesse asked how the City deals with subsurface drainage. Thiesse noted subsurface drainage is more difficult to deal with than surface runoff. Barnhart stated Staff can inform the property owner that there are reports of subsurface drainage which may impact their buildability of the site and that some further investigation should be done. Barnhart noted the City's ordinance does not restrict subsurface drainage but it does restrict collecting of water and dumping it onto adjacent properties. Barnhart stated he does not know if that is cause to deny a variance on a property that is otherwise buildable in the City's eyes. Barnhart noted if it did not require a variance, the applicants could have simply obtained a building permit. Page 12 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Leskinen commented the request is not unreasonable and is similar to many other variances that have been granted in the past. Leskinen stated in her view the Planning Commission has no grounds for denial based on subsurface water concerns,especially since it is considered to be a buildable lot. Leskinen stated she sees more grounds for approval than denial. Thiesse stated he just wants the developer or builder to be aware that it is a sensitive issue and that people have come forward raising concerns about the issue. Leskinen stated builders and developers are always encouraged to work with the neighbors. Schoenzeit suggested a structural engineer be used to design the foundation. Schwingler commented he understands the neighbors' concerns but that they had the opportunity to purchase the property at fair market value and that it is not a basis for denial. Leskinen moved,Olson seconded,to recommend approval of Application No. 17-3938,TC Homes, Inc.,on behalf of Nancy Bloms, 1325 Rest Point Lane,granting of variances per Staff recommendations. VOTE: Ayes 5,Nays 0. 8. 17-3939 John Bailey,2807 Casco Point Road, Conditional Use Permit,7:52 P.M.—8:44 P.M. John Bailey, Applicant, and Ron Anderson, Final Grade, Incorporated, were present. Curtis stated the property owner is requesting a conditional use permit in order to repair and restore slope failures which occurred in his lakeshore yard in 2014. Since that time the property owner has been attempting to develop a restoration plan that meets both the City's lakeshore goals and his goals. The applicant shared his difficulties with finding an engineer to certify his plans for restoration that did not involve completely denuding the slope and making a significant cut into the yard. The applicant recently provided the City with a plan to restore his lakeshore slope. The project involves removal of the compromised soils, saw tooth cutting of the subgrade, and installation of new compacted soil, a yard drain, a drainage pipe, Filtrex living slope, stabilization ponds, and plantings stabilizing vegetation. An updated plant list was submitted over the weekend and provided to the Planning Commission. A conditional use permit is required as they propose to stabilize the slope by removing approximately 300 cubic yards of compromised soil material and replacing it with approximately 500 cubic yards of angular soil to be compacted and restored. The Consulting City Engineer has reviewed the submitted information and provided the following comments: "The information that has been provided by the applicant indicates that the proposed improvements include more detailed and complex solutions to deal with site drainage and slope stabilization than we had originally anticipated and discussed, including infrastructure along with grading and vegetation. Page 13 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. We recommend that the applicant have the proposed improvements reviewed and approved by a licensed professional engineer to ensure that site specific conditions such as drainage area and soil conditions are adequately considered in the location, sizing, and installation of the proposed infrastructure." While Staff finds the restoration of the slope failure areas to be necessary and the intended finished product is consistent with the City's goals for natural looking shoreline,the applicant's plans appear to incorporate some"engineering solutions" which are not designed by an engineer. Staff recommends verification from a licensed engineer that the proposed solution will effectively stabilize the slope. Staff does recommend approval of the conditional use permit, but based on the City Code Section 78-1283 referenced in the Staff report and the City Engineer's comments, Staff also recommends the applicant provide a restoration plan designed and certified by a registered engineer. The Planning Commission had no questions for Staff. John Baily, Applicant, stated the plan has been pretty well laid out and that he has put together a very capable team on this project. Ron Anderson has done a lot of these steep slope repairs around the lake, including the Wayzata Muni. Tom Niccum is also working with the team and he will be performing the riprap at the bottom of the slope. Norling Landscaping will be doing the planting. Bailey distributed some photographs of other projects completed by Ron Anderson. Some of the other projects completed by Ron Anderson include Howard's Point, which included a sewer pipe and a 50-foot high steep slope; and the Coffey Bridge. Bailey noted both of those projects were very difficult but the completed work was successful. Bailey stated in 2014, the area experienced a heavy rainfall and it washed out a portion of the slope, which has since been stabilized. The first washout occurred in June of 2014, which was followed by another rainfall that caused two additional washouts, including one of the adjacent property. Bailey stated as a result, he attempted to get an engineering solution to the problem. In order to engineer a solution, they would have to cut the slope back, which is very expensive and would require pilings. Bailey stated that engineering solution was not practical and that he continued to pursue a solution by looking at other areas along the shore that had washed out in the past. Bailey indicated that then led him to Ron Anderson, who designed this approach. Baily stated based on his experience, the repairs will work rather than having to do a whole re-grading of the shoreline. Bailey noted this is a residence and that a commercial building will not be built on this lot. Bailey commented his proposed solution is better than what currently exists and that it will not be possible to obtain an engineer's signature on his plan unless they cut the slope way back and obtain a 1:1 slope. Thiesse stated his main concern is with regards to the Filtrex,which says that it should be a 2:1 slope. Thiesse noted he would need further information on the Filtrex. Ron Anderson, Final Grade, Incorporated, noted the Filtrex is used in the early stages until the plantings are established. Anderson indicated Filtrex was used on the Wayzata Old Muni site and that they successfully completed that project approximately five years ago. This project proposes an eight inch thick Filtrex, which is a little deeper and stronger and steel rods can be run into it if necessary. Anderson noted they are unsure how much they will have to excavate on that slope to get it to be stable. Page 14 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Chair Thiesse opened the public hearing at 8:08 p.m. Roger Frommelt, 2805 Casco Point Road, noted he lives next door and that he had a similar catastrophic event. Frommelt stated he has lived in his house for 48 years and that he is really riding on John Bailey's coattails when it comes to this project since he does not have the resources to do all the investigating. Frommelt stated if what John is proposing is approved, he might do what John is doing depending on the costs. Frommelt noted the slope lasted for at least 50 years and that what Mr. Bailey is proposing is better than what it was to begin with. Frommelt noted the soil in the area is mostly clay, which might be why it held for so long. Chair Thiesse closed the public hearing at 8:10 p.m. Thiesse commented there is a reason why engineers want to go back further. Schoenzeit stated in his view the City would be setting a dangerous precedence to allow an applicant to do a project that clearly needs engineering if they do not require that engineering. Schoenzeit stated in his view it would be irresponsible and dangerous for the Planning Commission to allow it on this project since there will likely be other people who want the same waiver. Schoenzeit stated he would not be comfortable approving it and that in his view the applicant would want to know it is going to survive 100-year rainfall events before making this type if investment. Anderson stated a couple of factors apply in this situation. Anderson indicated the slope does have to match the neighboring properties, and if they used an engineering solution on this one, they would also have to clear cut and slice the neighboring property's slope off. At some point the City just has to say we are going to fix it and they cannot impose these kind of costs on a homeowner. Anderson stated the second factor is the structural integrity of that slope. The reason the slope failed is because the rain came from the west and it rained really hard and the ground was saturated. Anderson noted the middle of this property is steeper than anywhere else and the water drains on both sides of those lots. The reason they failed is that all the water focused in one area, which increased that saturation point. The purpose of the proposed berm and the surface drains is so no other water can fall on that slope except for rain. Anderson noted a 3:1 slope is structural, a 2:1 slope is a substandard engineering slope, and a 1:1 slope is what sand will stand at. Anderson indicated they are proposing a slope at just over 1:1 and that is only because they cannot go towards the water. Anderson stated the only reason they have to staircase the slope is because the subsoil is so saturated that they need to get down to virgin soils in order to compact it. Anderson indicated the saw tooth method is very common and works very well. Anderson stated the City has to be careful about requiring an engineering solution that will impose many hundreds of thousands of dollars because the homeowners will not do anything. Curtis asked if they have done a drainage area analysis to determine how to size the pipes. Anderson stated they do have that information. Anderson indicated that area is 500 yards and that the far right of the property runs forward. Anderson stated there really is not a lot of water but that they want to make sure the drains are adequate so they are proposing to install two 12-inch pipes. Anderson stated the real factor is the hydraulic pressure, and that once the soil gets so saturated, it cannot hold and fails. Page 15 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Thiesse noted there are engineered options that will allow them to go to a 1:1 slope without any hard surface on the front. Thiesse commented this is a difficult situation but the City cannot just allow something to be done without a certified engineer signing off on it. Thiesse stated he understand Mr. Anderson has experience and is good at what he does,but that he cannot in good conscious approve it. Anderson commented the property owner should be able to landscape it. Thiesse noted the Planning Commission is just a recommending body. Schoenzeit stated he would not make the recommendation at the Planning Commission level and that perhaps the City Council would be willing to allow it. Roger Frommelt stated a person can go all the way around the lake and find five similar situations so in his view they will not be setting a precedent. Frommelt stated if they want things to look natural,that is what nature did to the slope. Frommelt stated in his view they can find a reasonable economic solution and that the proposed solution is better than what it is now and better than what it was before. Patty Baily noted her husband is an engineer and that his company has built a number of things all over the state of Minnesota and are used to the soils in this area. Bailey commented they are willing to live there with that slope with full confidence that it will be strong enough. Bailey stated she would love it if the Planning Commission would come see it. Bailey stated the situation in her view is very dangerous and that she worries every time someone is in the back yard. Schwingler stated he agrees with the homeowner. Schwingler stated with regards to setting a precedent, in his view it is landscaping and not structural. Thiesse stated the unfortunate part is that the Baileys have had several engineers out to the property and they have all proposed things that they do not want to do. Thiesse stated it may hold up but then again it might not. Leskinen asked how it would impact the City if it doesn't. Thiesse commented if it fails, the slope would be back in the lake. John Baily noted this is a residence and a lakeshore. Bailey pointed out there are still portions of the lakeshore that remain so they know it will hold. Bailey stated he wants to restore what washed out and that what they are proposing will make it as good or better than what held. Bailey stated this is a practical solution and it does not require an engineered solution like a road. Bailey reiterated it will be better than the adjoining ground and that it is not rocket science. Bailey stated if they look at it from a practical standpoint,they can see how this can be repaired rather than cutting everything back to make sure it meets engineering requirements. Thiesse noted they just required an engineering solution of a family on the north side of Long Lake. Schoenzeit stated as far as the Planning Commission is concerned,they cannot recommend a non- traditional solution. Page 16 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Thiesse commented the Planning Commission can certainly recommend to the City Council that they allow it, but that he is not ready to do that. Schoenzeit stated the applicant can plead his case to the City Council. Thiesse asked if the fact that it will be as good or better than the adjoining land is an acceptable reason to allow it. Schwingler stated it is an acceptable answer to him. Leskinen asked if an engineer can sign off on a well thought out landscape plan. Thiesse stated they would run a stability analysis. Leskinen noted the Planning Commission is not requiring retaining walls be put in and that they are just requiring that the plan that is presented be certified by a professional engineer. Schoenzeit stated on the flip side,the City almost has nothing to say about it when it has been reviewed at that high level, which is the purpose of the engineer's signature. Schwingler stated in his view it is a well thought out solution and that it is landscaping. Thiesse asked if the Planning Commission would even see this if they were not moving that much ground in the 75-foot setback. Curtis indicated that is correct. Curtis noted within the 75-foot setback,the administrative threshold is 50 cubic yards. Within the Shoreland beyond the 75-foot setback, the administrative threshold is 500 cubic yards. Curtis stated the permitting threshold is 50 cubic yards and that anything less than that outside of the 75-foot setback would not require a permit. Curtis stated it is the proximity to the lake and the amount of material that is proposed to be moved that triggers the conditional use permit. Curtis stated because there were solutions proposed such as the drainage pipe and the catch basin devices, Staff advised the applicant that he needs an engineer. Curtis stated once those engineering solutions were proposed, Staff requires an engineering review. Barnhart stated the City wants some assurance that it solves the problem and at this point Staff has no confidence that it will. Barnhart stated Staff wants to make sure it does not do further damage to the slope. Leskinen stated given the amount of analysis that is needed, she is inclined to go along with Staff's recommendation and would err on the side of caution. Thiesse indicated he also is leaning that way. Page 17 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Schoenzeit commented he is the last one to say that the City should make someone spend money, but this particular activity is at an intensity level that requires engineering. Schoenzeit stated he cannot make a recommendation for them to go forward with it since it is against Staff's recommendations. Leskinen stated if they can find an engineer that will sign off on the plans as proposed, then that is one thing, but that she is not comfortable with it. Olson stated he is struggling with it since the property owner did not cause this problem. Olson stated he does not doubt the capability of the team but questioned whether the City is setting up a level of expectation that other applicants will also not require engineering. Schwingler noted it would be reviewed on a case-by-case basis. Thiesse questioned whether the future owner also has an expectation that it will hold. Schoenzeit stated the liability probably comes with a future property owner. Curtis noted conditional use permits are recorded against the title of the property so they would be accessible to a future owner. Thiesse stated in his mind it is more than a landscaping project and is remediation. Schwingler stated he is okay with it without the engineer signoff. Schwingler commented it is a tough case and that the property owners are trying to do the right thing. Schwingler stated he understands the importance of an engineer signoff, but instead of allowing the property owners to improve what exists,the City is now penalizing them and requiring them to get an engineer approval. Schwingler commented sometimes it comes down to a practicality. Schoenzeit commented he knows enough about engineering that he cannot say yes to this. Anderson stated they do have a slope stability analysis done. Anderson stated clay is amazingly structural and that the issue is that the filtration that has happened has to be removed. Schoenzeit asked if there is any hydraulic pressure coming from behind the house. Anderson indicated there is not and that they are not changing the existing drainage patterns. Anderson stated they could have an engineer look at the piping,the sizing, and the water volume and include that in their information. Anderson stated that way they will know it will handle the water volume. Anderson indicated they are just trying to stabilize the slope and not impede on the neighbors. Schoenzeit stated that might be an opportunity to get another opinion and another set of eyes to look at it, which would up the confidence. Leskinen stated regardless of what the Planning Commission recommends, they can still argue their case before the City Council. Thiesse indicated he would be okay with sending this forward to the City Council. Page 18 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Schoenzeit stated there is a lot to be said about the fact that the property owners can do nothing and that what is being proposed is an improvement. Schoenzeit stated the homeowner is willing to take the risk, and having another set of eyes look at it will help make it a better project. Olson moved, Schwingler seconded,to recommend approval of Application No. 17-3939,John Bailey,2807 Casco Point Road,granting of a conditional use permit subject to the applicant obtaining engineer comment and/or certification regarding the drainage structures. VOTE: Ayes 5,Nays 0. 9. 17-3940 Jason and Anelise Peterson,4105 Highwood Road,Variance,8:44 P.M.—9:05 P.M. Jason and Anelise Peterson,Applicants, were present. Curtis stated the applicants are purchasing the subject property and wish to construct a new home to be attached to the existing garage. The new home is to be set back 5.2 feet from the west property line where 10 feet is required. The home will maintain the 10-foot setback on the east property line and be approximately 77 feet from the lake. A tiered wood deck is proposed to be set back two feet from the west lot line and will follow the 75-foot setback line. It will encroach 12 feet into the average lakeshore setback. The southeast corner of the home will encroach into the average lakeshore setback approximately five feet toward the lake. The proposal results in 28 percent hardcover, which is a reduction from the existing 34 percent. The new home will be attached to the existing 3-level detached garage. Based on that garage and the topography of the lot, it will be defined as 32 feet in height where 30 feet is allowed. There are numerous practical difficulties inherent to the property supporting the setback variances connecting the home to the existing garage such as drainage, topography, location of neighboring homes, and the narrowness of the lot as it goes from the lake to the street, which restricts the buildable area to approximately 20 feet wide at the narrowest point. The neighbors on either side have provided supportive comments. Staff supports the setback variances to connect the home to the garage. Staff further recommends denial of the additional setback for the tiered deck and hardcover exceeding 25 percent. The decks should be reduced on the west side to match the 5-foot setback of the house. This will also reduce hardcover by at least 67 square feet. Further, Staff supports the variance to the defined height. The Planning Commission had no questions for Staff. Jason Peterson, Applicant, stated this is their dream lake home and that they would like to build a nice home for the neighborhood. The property has a number of challenges, but they are attempting to complement the neighborhood with the proposed improvements. Peterson indicated they are willing to do a significant amount of water mitigation and reduce the hardcover from 34 percent down to 28 percent. Thiesse noted Staff has recommended denial of the deck and the setback. Page 19 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Peterson indicated he is aware of that and that they are looking for a way to get the stairs down the side of the deck. Peterson stated if there is not an option available,then they might not be able to have stairs on the deck. In regards to the denial on the hardcover, Peterson noted there are a number of water mitigation measures that are being proposed. Peterson stated on the west side of the property there was some drain tile installed, which is not draining properly and results in water going into the garage. Peterson stated they are looking to significantly improve the drain tile and have proper water mitigation on both the west and east side. The runoff is going into the neighbor's property currently and they are hoping to improve that. Peterson noted this is a narrow lot and is 40 feet wide, which presents a lot of challenges. Peterson stated he is grateful the neighbors are willing to work with them on the drainage. Peterson stated the water mitigation they are proposing and removal of the hardcover in the 75-foot zone is why they are asking for a little bit more on the deck. Thiesse asked why there is a jog in the 75-foot setback line. Peterson stated the surveyor has verified that that is the correct setback and that the shoreline jogs in that area. Peterson commented they are really looking forward to being part of the community. Chair Thiesse opened the public hearing at 8:53 p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 8:53 p.m. Schoenzeit commented this is a tough lot, and when you look at it, by making the one side tighter,they have one good side to work with. Schoenzeit stated with a lot that is 40 feet wide and with a building pad that is 18 feet, it is tight to work with and something needs to happen. Thiesse indicated he is in agreement with Commissioner Schoenzeit. Thiesse stated in his view the deck is not very practical since it is not even four feet. Thiesse noted they are placing the whole house out of the 75-foot area but placing the deck within the 0-75 foot zone. Olson commented the deck is also oddly shaped. Peterson concurred the deck is awkward, and if they are not going to be able to have the steps on the west side due to the encroachment,they maybe could look at redesigning it. Peterson noted it is approximately 15 feet up and that they would like to have stairs going down. Thiesse stated he hates to meet the intent of the ordinance simply to meet the intent of the ordinance and then not be able to use what they have. Schwingler commented it is a great improvement to the property and decreases the hardcover. Schwinger stated in his view there is a practical difficulty. Page 20 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Schoenzeit stated by giving them some credit for keeping the five feet,they could maybe have more on the lakeside. Schoenzeit stated the way to go would be to have a normal shaped deck that is six or eight feet lakeward of the end of the house but not going past the 5-foot line. Thiesse noted eight feet is not very much but that they would be able to have a round table with some chairs on it. Thiesse stated he would prefer to have a usable deck. Schoenzeit stated he would prefer not to have anything within the 5-foot setback and that they could redesign it to come off the end of the house. Schwingler moved,Leskinen seconded,to recommend approval of Application No. 17-3940,Jason and Anelise Peterson,4105 Highwood Road,granting of a height variance,granting of side yard setback variances for the new home and deck,granting of a hardcover variance as proposed at 225 square feet,and granting of a lakeshore setback variance for the redesigned tiered deck,with none of the deck or stairs encroaching into the 5-foot setback. VOTE: Ayes 5,Nays 0. 10. 17-3941 Orono Public Schools,685 Old Crystal Bay Road,Text Amendment,9:05 P.M.— 9:15 P.M. Justin McCoy, Orono Public Schools, was present. Barnhart noted this is a joint application with the City and the Orono Public Schools. The school district property is zoned RR-1B, which is primarily a residential zoning district. Some cities have institutional zoning for churches and schools,which Staff also reviewed as part of this application. With the goal of trying to avoid the school district having to go through a number of steps to gain approval for a project that the City would normally allow, Staff is recommending some changes to the zoning district that would make schools located on property 15 acres or larger a permanent use. This would help the existing middle school, high school, intermediate school, and elementary school so they would be a permitted use. With the change, the maintenance shed that was reviewed earlier would be part of a site plan review and approved administratively. Barnhart stated the reason why the 15 acres is an important component of this is that a new school complex would still need to go through the conditional use process, which allows the neighbors to comment on the application. Generally issues associated with schools are traffic and intensity. The proposed ordinance would allow the school district to make improvements to their property under the site plan review. Thiesse asked if someone would be able to open a charter school on 15 acres. Barnhart indicated that would operate as a permitted use under the proposed text amendment. Barnhart stated lighting on a football or soccer field would require a conditional use permit since it would impact the neighbors. Staff recommends approval of the text amendment. Leskinen noted under Staffs recommendation, it recommends Option 2, which allows schools as a permitted use. Leskinen asked if that was intended to be Option 1 since it is amending the existing RR- 1B zoning district. Page 21 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Barnhart stated that is correct. Barnhart indicated Staff did look at a number of options and one of those options was to create a complete new zoning district, but due to some concerns with adding a new zoning district, Staff is just proposing to make a change to the current zoning district. Justin McCoy, Coordinator of Facilities and Public Safety, stated he commends Staff for helping on this application and that it will help save the school district money as well as expedite the process. Chair Thiesse opened the public hearing at 9:13 p.m. There were no public comments on this application. Chair Thiesse closed the public hearing at 9:13 p.m. Barnhart stated if there are any other major impacts that were not listed in Staff's report,the Planning Commission is free to add to or delete from the list. Leskinen moved,Olson seconded,to recommend approval of Application No. 17-3941,Orono Public Schools,685 Old Crystal Bay Road,text amendment,Option 1 amending the RR-1B zoning district to allow public and private elementary,intermediate,middle and high schools,and would not require a public hearing for most projects. VOTE: Ayes 5,Nays 0. 11. Update on City Council Meetings Held on April 24,2017,and May 8,2017 Barnhart reported on the following City Council actions: • The Text Code Amendment regarding Interim Use Permits was approved 4-1. Interim uses are now allowed at specific locations. The Planning Commission recommended denial. • The interim use permit request by Lake West Development was tabled. • The Ivy Place sketch plan was reviewed and Council provided feedback. • Approved an ordinance amendment relating to wetlands but did not make any changes to the setback requirements. • Approved on Consent the variances requested by the Brandenbergs on Forest Arms Lane. • Approved a conditional use permit for Mike Hart on Casco Point Road. • Approved a variance and conditional use permit for Bill Toles on Ferndale Road West. 12. Other Issues for Discussion None Planning Commission Comments None ADJOURNMENT Page 22 of 23 CITY OF ORONO PLANNING COMMISSION MEETING Monday,May 15,2017 6:30 o'clock p.m. Leskinen moved, Schoenzeit seconded,to adjourn the Orono City Council meeting at 9:18 p.m. VOTE: Ayes 5,Nays 0. ATTEST: John Thiesse, Chair Page 23 of 23