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HomeMy WebLinkAbout01-16-2018 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 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 Kevin Landgraver, Bruce Lemke, Denise Leskinen, and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 12,2017 Lemke moved, Schwingler seconded,to approve the minutes of the Orono Planning Commission meeting of November 12,2017,as submitted. VOTE: Ayes 5,Nays 0. Barnhart stated Staff had noticed at the end of the business day that the public hearing notices for Items 2 through 7 was incorrectly posted. The public hearing was noticed in the newspaper but was not given to those residents within 350 feet of each of the applications. The Planning Commission has a number of options. Staff recommends holding the Planning Commission meeting as scheduled, receiving any public comment from the neighbors gathered this evening, and then continue the public hearing to either a special Planning Commission meeting on January 29 or continue it to the City Council meeting on February 12. Barnhart stated he is looking for direction on which way the Planning Commission would like to go. Lemke asked if the Planning Commission should vote on the applications. Barnhart stated if the Planning Commission wanted to reschedule it to January 29,they should hold off on making a decision on each of the applications since the public comment may sway their opinion. If the Planning Commission elects to continue the public hearing to February 12,they should make a recommendation to the City Council on the applications. Barnhart stated Staff regrets the inconvenience but that they just noticed it today. Barnhart indicated Staff did receive some comments on different applications but that it is necessary to receive all of it. Landgraver asked if signs have been posted on the properties. Barnhart indicated they have been on the properties where they are required. Thiesse noted only the City Council has the authority to decide whether to hold the public hearing at the City Council meeting. Barnhart stated City Staff or the Planning Commission does not have any authority to require the City Council to hear public comment and that they could elect to defer it back to the Planning Commission. Barnhart stated the likelihood of that in his view is slim but that it is a possibility. Leskinen and Schwingler indicated they are not available on January 29. Page 1 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. Barnhart stated if the City Council is not able to hold the public hearing,the matter would be noticed for the Planning Commission meeting in February. Landgraver stated in his view the vast majority of interested people have likely seen the signs and that the question is what is the best thing to do for the people in the audience. Landgraver stated in his opinion it would be better to make recommendations and leave the public hearing open to the City Council meeting. Thiesse stated that would also be his recommendation. It was the consensus of the Planning Commission to continue the public hearings to February 12. Barnhart noted the Planning Commission will receive any public comment tonight from people who are here but that the public hearing will be continued to February 12. 2. #17-3983 ERIC AND LIZ VOGSTROM,2618 CASCO POINT ROAD,RIGHT-OF-WAY VACATION,6:35 P.M.—6:48 P.M. Eric Vogstrom, Applicant,was present. Oakden stated the applicants are requesting vacation of an unimproved right-of-way that is directly abutting their property. The right-of-way was originally a product of the Winship's Subdivision. The unimproved right-of-way is a dedicated lake access for pedestrians. The applicant uses the right-of-way to access their dock. Oakden stated in the Transportation Chapter of the Comprehensive Plan, it notes that less than 1 percent of Orono's lake shoreline has been dedicated as public access corridors. Nearly all the rest is privately owned and not available to the public for lake access purposes. In addition,the Council recently approved a resolution in support of preserving parks, open space and trails within the City of Orono. This unimproved platted right-of-way is identified as open space for pedestrian lake access. Approving this request would conflict with the recent support for parks and open space. In addition, based upon a review of the Comprehensive Plan,vacation of the right-of-way seems to go against the policies that are set in place for the preservation of lake access and open space. The City Engineer has reviewed this request and made the following comments: 1. The City's policy is not to approve vacation of City fire lanes/lake access points per the Comprehensive Plan. 2. This is lake access point#39 with the listed purpose of providing walking access to the lake. These lake access points are classified under the Parks, Open Space and Trail Plan in the Comprehensive Management Plan. In addition,the City Council just adopted a Resolution in Support of the City of Orono Keeping its Open Spaces, Playgrounds, Parks and Trails in Perpetuity. 3. If the vacation is approved,the west end of the right-of-way has a city storm pond in it that would need protection. The options are that that right-of-way not be included in the vacation or the City could obtain an easement over the pond, associated pipes, and access way from the road to the pond. Page 2 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. Staff received two written comments in opposition to this request. Planning Staff recommends denial of this application because it does not meet the goals of the Comprehensive Plan and the decision would be final. The Planning Commission had no questions for Staff. Eric Vogstrom,Applicant, stated he purchased the property in 2004 and constructed a house on the lot. Vogstrom indicated he spoke with Mayor Walsh about this last fall and the Mayor had suggested that he look into vacating the right-of-way because he felt it made sense in this situation since the area is pretty heavily wooded. Vogstrom indicated the property is at an angle and that he has been experiencing problems with snowmobilers cutting across his property to get to the lake. Vogstrom stated he has three small children and a dog and that the snowmobilers could pose a danger to them. Thiesse asked if he would continue to use as it he currently is. Vogstrom indicated he would continue to use it to access his dock. Schwingler asked if the applicant has erected any signs in an attempt to keep the snowmobilers out of his property. Vogstrom indicated it is the neighbors who use it and that the sign does say no motorized vehicles. Vogstrom noted the people who submitted the letters live further down the road and that currently nobody uses it outside of the snowmobilers. Chair Thiesse opened the public hearing at 6:45 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Leskinen stated historically and in the City's Comprehensive Plan it is pretty clear the City does not vacate lake access points. Leskinen stated the use will not change, and if the snowmobilers are going now,they will likely continue to do so. Leskinen stated the argument could be made that if the snowmobilers are using it, it is a public access. Thiesse stated if motorized vehicles are not allowed in that area,the City should be monitoring that. Landgraver stated he does not see any compelling reason for vacating the right-of-way since these lake access points are a scarce commodity and are owned by the residents of Orono. Thiesse commented the vacation would preclude other people from using the access point. Lemke stated he does not see a hardship. Thiesse stated it also does not follow the Comprehensive Plan. Thiesse stated while it may or may not set a precedent, he is not interested in giving away City land. Page 3 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. Leskinen moved,Landgraver seconded,to recommend denial of Application No. 17-3983,Eric and Liz Vogstrom,2618 Casco Point Road. VOTE: Ayes 5,Nays 3. #18-3992 REVOLUTION DESIGN BUILD ON BEHALF OF KEVIN AND PATTY KRETSCH,3155 CASCO POINT ROAD,VARIANCE,6:48 P.M.—6:55 P.M. The applicant was not present. Oakden stated the applicant is requesting an average lakeshore setback variance for a new deck to encroach 11'6" into the setback. The applicant is currently constructing a new home on the property and are proposing a new deck for the home. The new deck will be shorter than the previous deck and slightly taller. The overall footprint of the new deck is less compared to the original deck. The existing deck encroached into the average lakeshore setback by roughly 17 feet. The taller height of the deck is what triggers the new encroachment. Because the new deck is not being built in the exact same location and is higher than the existing deck,the non-conforming protections do not apply. While the new deck will be slightly taller than the previous deck, it will have a smaller encroachment into the average lakeshore setback. The applicant has worked to mitigate the encroachment by proposing a deck that does not encroach as much compared to the previous deck. The deck will not interfere with the sightlines of the neighbors. Staff finds that there are demonstrable practical difficulties supporting the average lakeshore setback variance request. Oakden noted Staff received an email from an Orono resident who expressed concerns about the deck. Planning Staff recommends approval of the variance. Chair Thiesse opened the public hearing at 6:52 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Thiesse noted the two neighbors have submitted letters in support of the deck. Landgraver stated it is being moved further away from the lakeshore and that they are reducing hardcover in that area, he would be in favor of it. Leskinen agreed the applicant is reducing the encroachment going out and that the deck does not appear to be obstructing any views of the neighbors,which is the objective of the average lakeshore setback. Leskinen stated since it is not obstructing any views, she would be in favor of it. Lemke stated the glass railing is also less obtrusive than the current wood railing. Landgraver asked why this was not caught at the time the application was submitted for the retaining walls. Page 4 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. Oakden indicated this is a different builder who is now constructing the home. Oakden stated the house application was just received this month and the deck was noticed after the variance was granted for the work to the shore. Lemke moved,Leskinen seconded,to recommend approval of Application No. 18-3992,Revolution Design Build on behalf of Kevin and Patty Kretsch,3155 Casco Point Road,granting of an average lakeshore setback variance for a new deck. VOTE: Ayes 5,Nays 0. 4. #18-3993 MICHAEL HAYES ON BEHALF OF WELDON AND MARCIA GILBERTSON, 684 TONKAWA ROAD,VARIANCE,6:55 P.M.—7:03 P.M. Michael Hayes,Applicant,was present. Oakden stated the applicant is requesting an average lakeshore setback variance. The applicant is proposing to build an addition to his two existing decks. One deck, located off of the master bedroom, currently encroaches in the average lakeshore setback by two feet. The addition would increase the encroachment to six feet. The other deck, located off of the living room, encroaches 26 feet. The living room deck is being proposed to have a 35-foot encroachment into the average lakeshore setback. The proposed deck addition will add seven feet on the living room deck, creating a 96.9-foot setback from the lake. The master bedroom deck will add 3.75 feet to the existing deck, creating roughly a 105-foot setback from the lake. The deck will marginally interfere with the sightlines of the neighbors, meeting the intent and purpose for the average lakeshore setback. The view of the most impacted neighbor to the north is somewhat blocked by the corner of the house. They would be the only neighbor that can see the new deck. Staff finds that there are demonstrable practical difficulties supporting the average lakeshore setback variance request. Both neighbors have signed off on the project. Planning Staff recommends approval of the variance. Landgraver asked what the adjacent lakeshore setbacks will look like if this is approved. Thiesse noted the neighbor to the south is already in front of the deck and the other property is behind but higher than this property. Oakden illustrated the lakeshore setbacks on the two adjacent properties. Thiesse asked if there is a piece of the house that is protecting the property from the north. Oakden indicated that is correct. Landgraver commented the one neighbor would receive an advantage if the average lakeshore setback variance is granted in this case. Michael Hayes, Applicant, stated this is not a large deck and would only be 14 feet out from the house. Hayes noted there is some bad topographical coming down from the street to the lake and that the property drops like 60 feet between those two points. Due to that topography, people tend to build up Page 5 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. higher or lower to keep the driveways down. The house on the north side is fairly new, which is the side the new deck will be on. Hayes indicated he did speak with the neighbors about the project and that they will not really see the deck because of the little jut of the house. The deck is currently 10 to 12 years old and would be removed. Hayes indicated he would rather work off of good footings and good construction but that they will not be touching the stucco house. Hayes stated he will take the same plate and bring it out a little further. Chair Thiesse opened the public hearing at 7:02 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Thiesse stated this has the same criteria as the last application. Leskinen stated the only difference is that they are growing the encroachment and not reducing it but there is no visual impact to the neighbors, which is the reason for the average lakeshore setback. Leskinen moved,Schwingler seconded,to recommend approval of Application No. 18-3993, Michael Hayes on behalf of Weldon and Marcia Gilbertson,684 Tonkawa Road,granting of a variance, based on Staff recommendations. VOTE: Ayes 5,Nays 0. 5. #18-3994 DAVID KNAEBLE,3635 TOGO ROAD,PRELIMINARY PLAT,7:03 P.M.— 7:15 P.M. David Knaeble,Applicant, was present. Curtis noted the Planning Commission reviewed this as a sketch plan last September. The applicant is requesting preliminary plat approval with PRD flexibility for a residential subdivision of the 2.44 acre property in order to create a total of three lots for single-family homes where one lot currently exists. The property is currently zoned LR-1C, one family lakeshore residential. A delineated wetland near the center of the property impacts the building area of the southern two lots. The lots will be served by City sewer and water. One property would be accessed off of Togo Road where the current home exists and the two additional lots are proposed to access off of Northern Avenue on the south. It is not known at this time whether the existing home will remain. The proposed lots range in size between 0.51 and 0.94 total acres. The lots will be served by City sewer and water. City Code requires that each sewered lot provide 0.5 acres minimum of contiguous dry buildable area. The proposed lots meet the acreage requirement of the Code but the acreage is not contiguous as required. The preliminary plat also reflects additional flexibility being requested for reduced front yard setbacks for Lots 2 and 3 off of Northern Avenue. The side and rear yard setbacks will be met and all lots provide the minimum 100-foot lot width measured at the front setback. A 20-foot right-of-way dedication is shown along both Togo Road and Northern Avenue. Currently Northern Avenue exists as a 20-foot paved width public road half on the railroad right-of-way and half on Page 6 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. the adjoining properties. Dedication of a 50-foot right-of-way would make the southern two lots unbuildable. The Northern Oaks addition to the west along Northern Avenue was required to dedicate additional right-of-way to get to 30 feet. The developer in this case has shown a 15-foot right-of-way dedication beyond the existing Northern Avenue consistent with the Staff recommendation made during the sketch plan review. The entire property is located within Hardcover Tier 3,which allows for 35 percent impervious surface. Hardcover calculations should be provided by the developer to confirm that each lot can be developed well within the hardcover limitation of 35 percent. Each of the lots are subject to a 20 percent structural coverage limitation. The City's consulting engineer has provided comments regarding this proposed plat with regard to stormwater management and drainage concerns. Some of those proposals require additional action or plan revisions by the developer. The developer should contact the Minnehaha Creek Watershed District and provide confirmation regarding the permits or approvals they will require for this subdivision. The developer is requesting flexibility to accomplish their development goals. The flexibility is able to be accomplished via the creation of a Planned Residential District overlay. The mechanism for establishing a PRD is the conditional use permit process which establishes an overlay district accommodating the desired flexibility. The PRD process could provide the framework for development of the lots which meet the half acre standard albeit with noncontiguous acreage and the requested reduced front setbacks with conditions. The Planning Commission should discuss the merits of platting as a PRD based on the requests for front yard setback reductions and noncontiguous lot area minimums for Lots 2 and 3 as well as the proposed right-of-way width to be dedicated on Northern Avenue. Staff recommends approval in accordance with the recommendations of the City Engineer as well as the requirements of the MCWD. The Planning Commission had no questions for Staff. David Knaeble,Applicant, stated they are proposing to subdivide this property into three residential lots and that he has been working with the current property owner, Mary Schommer, who is aware of the project and had brought it forward initially as a sketch plan review. Knaeble noted Staff has already touched on a few items that they are requesting on this subdivision. One is flexibility to the dry contiguous requirement and then the other is with respect to the front setback, which is required in order to create the three lots that are being requested. Approximately 30 years ago the City installed a new sanitary sewer line on the east side of the property and Ms. Schommer provided an easement to the City. As part of that process,two stubs were provided to the properties on the south side with the assumption the properties could be built on at some point in the future. Knaeble indicated he did hold a neighborhood meeting and that two people showed up aside from Mary Schommer and Ralph Kempf. In addition, a mailing was sent out to approximately 50 residents in the area. In discussions with them,they appeared to be in favor of what is being proposed. The neighbor on Page 7 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. the west side was in support of having the flexibility to do the 20-foot front setback to keep the properties and the homes in line with each other. The neighbor on the east had a question about some existing trees. It was determined the trees are on his property and will not be impacted. One other neighbor showed support but was unable to be at the meeting tonight. That neighbor indicated she would send an email expressing her support. Knaeble requested that they be allowed some flexibility on the project and that the Planning Commission recommend approval on their application. Chair Thiesse opened the public hearing at 7:12 p.m. There were no public comments regarding this application. Chair Thiesse continued the public hearing to February 12. Thiesse stated his biggest concern that he would like addressed prior to the City Council meeting is tree preservation. Both the City's stormwater plan and Comprehensive Plan talk about tree preservation, but the proposed grading plan shows that none of the trees on the south end will be preserved. Leskinen stated the noncontiguous has its challenges but the Planning Commission has discussed that in the past. Leskinen asked if there will be a homeowners' association. Curtis indicated the City would require an easement over the rain gardens. Curtis stated she does not believe a homeowners' association is necessary since there will not be a private road to be plowed and only three lots are being developed. Schwingler moved,Landgraver seconded,to recommend approval of Application No. 18-3994, David Knaeble,3635 Togo Road,preliminary plat approval per the recommendations of Staff and the City Engineer,with the developer providing an update to Staff on tree preservation before proceeding to the City Council. VOTE: Ayes 5,Nays 0. 6. #18-3997 REHKAMP LARSON ON BEHALF OF GEORGE HALVORSON, 1300 BRACKETTS POINT ROAD,VARIANCES,7:15 P.M.—7:24 P.M. Rehkamp Larson, Applicant,was present. Curtis stated the applicant is requesting a lake setback variance in order to change a flat roof to a gable roof within the 75-foot setback and an average lakeshore setback variance in order to make cosmetic improvements and structural changes to the home situated entirely lakeward of the average lakeshore setback line. There will be no expansion of the footprint. The existing home on the subject property is situated 54.4 feet from the ordinary high-water level of Lake Minnetonka and entirely lakeward of the average lakeshore setback line on the east side of Bracketts Point. The applicant's proposal involves replacing the existing flat roof of the one-story conservatory with a pitched roof,thus increasing the volume of the encroachment within the lake setback. The roof of the main portion of the home will be modified to add gables on the north and south ends to replace the existing hipped roof The roof will not increase in overall height or peak height. However,the mass of the new gable within the 75-foot lake setback will be greater than existing. Page 8 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. The home is located entirely lakeward of the average lakeshore setback line based on the homes immediately to the north and to the south. Those homes do not appear to have existing views of the lake over the subject property. Instead, each of the homes are situated primarily with views of the lake away from the subject property. The proposed improvements are not likely to adversely impact the existing views of the lake from the adjacent homes. In addition,the roof will not increase in overall height or peak height. However,the mass of the new gables within the average lakeshore setback will be greater than existing. Staff has provided an analysis of the practical difficulties in the report and can comment on those if the Planning Commission desires. The subject home was constructed in the 1950s and predates the contemporary lake and sightline protection rules. The owners intend to keep the existing home and also wish to make improvements to better suit their family's needs and to modernize the structure. Staff finds practical difficulties exist which support granting the requested variances. Planning Staff recommends approval. Public comments have been received and have been included in the Planning Commission packet. Landgraver asked whether Staff has any elevation drawings. Curtis displayed a sketch of the existing home from the street and the lake. Curtis stated while there is an increase in the overall mass, it is fairly minimal. Jean Rehkamp Larson stated the property owners purchased the home with the intention of making improvements. The proposed changes are aesthetic and also help make the house more functional. The house is significantly toward the lake and any improvements would require a variance. Larson stated the improvements will greatly improve the value of the home and not impact the neighbors. Chair Thiesse opened the public hearing at 7:22 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Schwingler commented the application is pretty straight forward and significantly improves the aesthetics of the home. Lemke stated the proposed improvements make sense. Landgraver stated normally he would be concerned with the massing effect near the lake but the plan appears to be a very thoughtful expansion and that he would be in favor of it. Leskinen indicated she is in agreement with Commissioner Landgraver and that the applicants are limited in what they can do. Lemke moved,Landgraver seconded,to recommend approval of Application No. 18-3997,Jean Rehkamp Larson on behalf of George Halvorson, 1300 Bracketts Point Road,granting of variances based on Staffs recommendation. VOTE: Ayes 5,Nays 0. Page 9 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. 7. #18-4000 JEFF MARTINEAU ON BEHALF OF BARBARA GARCIA, 1335 ARBOR STREET,VARIANCES,7:24 P.M.—7:55 P.M. Jeff Martineau,Applicant,was present. Oakden stated the applicant is requesting multiple variances for lot area, lot width,front setback, side street setback, interior side setback and structural coverage to exceed 2,000 square feet. The applicant is looking to construct a new home on the property that will be more centered on the lot. The property is a corner and through lot with streets on three of the four sides. The applicant proposes to build a full basement rambler style home with a two-stall garage and a deck. The property is located in the RR-1B 2-acre zoning district, with 0.20 acres in a zone requiring two acres. The applicant is requesting a 40-foot front yard setback where 50 feet is required and a 7.5 interior side yard setback where 10 feet is required. In addition,the applicants are requesting an 8.5 side street setback where 30 feet is required. City Code allows lots of less than 10,000 square feet in area to have a total footprint of 2,000 square feet. The applicants are requesting a structural coverage variance to allow 348 additional square feet of coverage over what is permitted per City Code. The single-family home is consistent with the neighborhood. The applicants should submit a proposed grading plan for review with the building permit. Depending on the roofline, roof overhang or small areas for drainage,water may be able to be mitigated with a gutter system. Staff finds there are practical difficulties inherent to the lot area, lot width, proposed setbacks and structural coverage. Due to the size of the lot located within the 2-acre RR-1B zoning district. The lot is also unique in that it has street abutting three sides of the lot. The Planning Commission should discuss and ask the applicant about the visual impacts of allowing an 8.5' side street setback, placement of window wells for the basement bedrooms if they can create adequate drainage within the side setback space for the lot. To date, no public comments have been received. Staff would recommend approval of the requested variances. The Planning Commission had no questions for Staff. Jeff Martineau,Applicant, stated he represents both the seller and potential purchaser of the property and that he has submitted a rendering of the exterior, but that he has a photograph of an identical house that was built in another development. Martineau indicated they considered a number of different options for the home. This potential purchaser would like to live in this neighborhood. Martineau stated they initially looked at a house that would front on Prospect but the house would need to be two stories,with the back of the house facing the neighbor to the south. In order to reduce the impact on the neighbors, a one-story house has been proposed facing Arbor and fits the character of the neighborhood. The home will be constructed without any major grading. The main floor of the house consists of approximately 1500 square feet. Page 10 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. Martineau indicated they will need to redesign the window wells to be on the back,which is fairly easy to do according to the builder. Landscaping is planned for along Prospect and no trees will be removed as part of this project. Martineau displayed a picture of the existing house and indicated the stake depicts the front corner of the new house. Additional stakes were placed to illustrate where the new house will be and a line was spray painted connecting the stakes so the neighbors can see where the new house will be located. It is a one-story house and should fit into the neighborhood really well. Thiesse asked if there is any living area in the upper portion of the house. Martineau indicated there is not and that it is all aesthetics. Landgraver asked if he has looked at the drainage between the two homes at all. Martineau indicated there might be a need for drain tile or some type of swale along the property line and that he is willing to work with staff on that. Lemke asked if the proposed house is a mirror image of the photograph. Martineau stated the garage will be located on the other side of the house but otherwise it would be identical. Chair Thiesse opened the public hearing at 7:37 p.m. There were no public comments relating to this application. Chair Thiesse continued the public hearing to February 12. Lemke commented the drainage is a concern between the homes. Thiesse asked if there are any concerns with the street setbacks. Thiesse stated it is a quiet neighborhood and the setbacks do not bother him. Landgraver stated if this was a busy street,the setbacks would be an issue. Leskinen indicated she does not have any concerns given the quietness of the street. Thiesse stated the structural coverage is an issue and that in his view this lot might not be able to accommodate this type of house. Leskinen stated the question is what is the practical difficulty for going over 2,000 square feet. Thiesse stated the rationale for the overage was so it could be kept as a one-story story. Thiesse noted this is a clean sheet design and that the applicant could get rid of 348 square feet but someone could argue that it is hardly worth redesigning. Page 11 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. Landgraver stated the City recently increased the structural coverage to 20 percent and the main reason why the City has those constraints is to keep things in scale. Landgraver indicated he is hesitant to approve that much of an increase over the allowable structural coverage and that he has not been persuaded to approve that. Thiesse noted the Planning Commission recommended the increase in the structural coverage be denied. Thiesse asked whether the applicant would be able to reduce the structural coverage. Martineau stated this is a very unusual lot given the street on three sides and that the proposed house is 36 feet wide, including the garage. Martineau stated he is not sure if that includes the deck. Oakden indicated it would be the house and the covered stoop. Martineau stated it would be very difficult to reduce it without reducing the size of the rooms to the point where it does not make sense. Martineau stated he understands citizens have to be good stewards of the property and that it is his belief it is in the best interest of the neighborhood not to make this a two-story house, especially given the street on three sides of the house. Thiesse stated he is looking at the floor plan and he sees a sunroom and a study. Thiesse commented those are wonderful to have but that the applicant might have to decrease the size. Martineau noted the plan was originally at 38 feet wide and they reduced it to 36 feet wide. Lemke asked whether a two-story would be preferable. Thiesse indicated it would not be preferable but it would be allowed. Leskinen stated having the road on three sides makes the lot more challenging and noted the new home would be more centered on the lot. Leskinen questioned whether having a two-story house or having a one-story that is 348 square feet over the allowed structural coverage is really the lesser of two evils. Thiesse noted the home on one side is two stories and the other homes in the neighborhood are a story and a half. Landgraver stated the City thoroughly vetted the new structural coverage ratios and that he is not inclined to approve the increase in structural coverage. Landgraver stated he is willing to approve a two-story home since that is an efficient use of land. Landgraver stated if everything else were single story, he might make an exception, but that he has a feeling that some of the other neighbors in the future may want a two-story. Oakden stated because the proposed house encroaches the setback, if those setbacks continue to be proposed with a two-story home,they would require a variance since the second story would be a new encroachment in height in the setback areas. Landgraver moved,Schwingler seconded,to recommend denial of Application No. 18-4000, Jeff Martineau on behalf of Barbara Garcia, 1335 Arbor Street,based on the structural coverage exceeding the 2,000 square feet. VOTE: Ayes 5,Nays 0. Page 12 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. 8. 18-4002 JOHN PATCH,2745 KELLEY PARKWAY,CONCEPT,7:55 P.M.—8:40 P.M. Barnhart stated the applicant is requesting comments on a sketch plan for a proposed amendment to the Community Management Plan and Zoning Map to develop the 2.55 acre parcel into an apartment building. The applicant is proposing to construct a 56-unit apartment building. The units include 1, 1+, and 2-bedroom units in 2.5 floors. Parking will be provided via a surface lot and an underground garage. Staff is comfortable with the proposed parking. A portion of the surface lot will also serve the adjacent medical office building to the west. Access to the site will be via Kelley Parkway in one of two driveways,one of which is shared with the medical office building. The building is U-shaped and 2.5 stories tall, fronting on Kelley Parkway. The defined height of the building is proposed to be 30 feet. The property is located within the MUSA district. The net development density based on 56 units would be 21.9 units per acre. The highest density anticipated by the Comprehensive Plan is high density residential at 10 to 15 units per acre. In order to meet work force housing goals in the Comprehensive Plan and the desire to move density away from areas where it is currently guided; i.e.,the Navarre area, reguiding the property may benefit the City in the long-term. To support the development as proposed, Staff anticipates rezoning to an RPUD. The RPUD district standards indicate an RPUD site must be at least five acres in area but does allow for smaller sites under specific conditions. Those conditions are outlined in Staff's report. It should be noted that the Council has recently approved and supported three smaller RPUD developments so that rezoning the Kelley Parkway parcel to RPUD would not be inconsistent. The site is adjacent to the Stonebay Development and Staff anticipates the need to incorporate this project in some form to the aesthetics of Stonebay to meet the RPUD size requirements. A trail along the south property line is anticipated as part of the Stonebay project. Preliminary Hennepin County plans for the upgrade of Wayzata Boulevard include a trail along the north side of Wayzata Boulevard from Willow Drive to Old Crystal bay Road. Final determinations have not been made as to whether or exactly where that trail will be located. The site is currently open and is very flat. There are no wetlands mapped on the property. No stormwater ponding is proposed for the site. In reviewing the adjacent medical office, it appears that stormwater detention is provided via the large stormwater pond east of this site but this will need to be verified. The property is not within the Stormwater Overlay District, but if developed as an RPUD, it would be subject to a maximum hardcover per lot of 50 percent. Municipal sewer and water utilities are available in Kelley Parkway to serve the property. The proposed conceptual site plan includes a 2-1/2 story building with a defined height of 30 feet,which is significantly lower than the Stonebay Lofts across the street. It is assumed that some filling will be necessary to raise the overall elevation of the site in order to accommodate the underground parking and to avoid potential water table issues. That fill will determine the final height of the building and will need to be determined. The building setbacks meet the minimum RPUD standards but the shared parking lot to the west does not meet the minimum 20-foot setback. Access is proposed to include two accesses onto Kelley Parkway, with no access to Wayzata Boulevard. The proposed Kelley access point does not appear to be directly across from the curb cut on the north side Page 13 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. of Kelley Parkway, and Staff would recommend that those two curb cuts be aligned. Internal circulation is proposed to be provided by a paved driveway along the west side of the building for parking and a loop driveway in front of the building. The Fire Marshal will need to verify fire access is maintained as required by Fire Code. Parking as depicted includes 54 surface stalls and 77 underground stalls. This will need to be verified but the number of spaces appears to exceed the number of required spaces. The Planning Commission should discuss whether there is justification for the necessary CMP amendment and rezoning to allow the guiding of this property to be converted from commercial office to residential. Further,the Planning Commission should discuss whether they are comfortable with the proposed density of the development and whether this development should be required to meet the RPUD standard 10 percent private recreation space. Staff recommends that a 10-foot trail easement be retained along the south boundary of the property. The Planning Commission should also discuss whether buffering from Wayzata Boulevard should be provided. Barnhart stated the goal of the review is to provide the developer with an overview of the pertinent City ordinances and how they affect the proposed plat as well as to discuss the strengths and weaknesses of the proposal. As a sketch plan review, any comments or suggestions to the applicants are nonbinding but would help assist the developer in moving forward. Thiesse asked whether the corner lot has enough parking. Barnhart indicated he does not know the answer to that question but that his belief is that it does. For this building 112 spaces are required, assuming 56 units. The applicant is showing a total of 131 parking stalls between the surface and underground stalls, which would be more than enough even if the shared parking was eliminated from the calculation. Barnhart stated in lieu of the 10 percent private recreation area,the applicant could pay a park dedication fee. Lemke asked if the City ever receives any recommendations or pushback from the Metropolitan Council on affordable housing. Barnhart stated the Metropolitan Council has published recommendations for the City to meet affordable housing goals and that they encourage the City to look for opportunities for affordable housing. The Metropolitan Council cannot require the City to actually provide the financial assistance necessary to make it affordable. Neil Weber,Architect, stated he would like to highlight a few things. As it relates to the parking,the shared parking already exists and will not be built by them. Weber stated in their view the medical building will not need that parking late in the afternoon and on the weekends. Weber stated they are showing 1.5 parking stalls inside the building. Weber stated when this building is compared to the condominium project,the condominium units are averaging 1,800 square feet per unit and these units are a little more than half the size. In addition,the Page 14 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. building is heavy on one-bedroom apartments and the condominium building has all two bedrooms. Weber stated he realizes density is measured by units per acre, but that they have smaller units and smaller bedrooms, which generates less traffic and fewer residents. Weber stated the apartment units are designed to be affordable and will help meet a demand for people who might sell their homes and want to remain in the area. Weber stated in his view there is a big need for quality rental apartments. Weber stated he acknowledges the issue of the trails and that they will cooperate on that as well as lining up the access. Weber stated they wanted to do the sketch plan first to discuss the density and the Comprehensive Plan amendment. As it relates to the height,this building will be visibly lower than the condominium building. Weber noted they have not taken soil borings on the site yet but that they anticipate a high-water table. Weber indicated they might be able to lower the garage by a couple of feet depending on the soil borings. Thiesse asked if there will be one large mechanical unit. Weber indicated they will be individual. Thiesse asked if there is any place for the kids to play. Weber stated they do not anticipate a lot of kids as part of this project and that they see the trail and trail connections as a more advantageous amenity. Weber noted with the school being close by, there are a number of play areas available and that they would prefer the trail connections. Thiesse asked whether there is a use that the Planning Commission feels is more appropriate for this site. Thiesse stated in his view an apartment building on this site is a good use. Lemke asked if the City would be limiting itself by removing this amount of business potential. Barnhart stated the City does not have a lot of area for office growth but there is also not a strong market in the City for office use. Barnhart stated they would be limiting themselves but that the risk is pretty low. Leskinen noted there is also space on the other side down the road which is more conducive to business. Leskinen stated in her view this is a good spot for an apartment building and that the City needs a place where there is higher density. Leskinen noted business use for this property has not happened. Landgraver stated this is also not a transitional site and will not result in high density next to low density. Leskinen pointed out if the majority of the units are one bedrooms,there will likely not be a lot of kids. Schwingler commented the connection to the trail is important. Thiesse stated in his view this site is a good spot for the higher density. It was the consensus of the Planning Commission that the proposed use is appropriate for the site. Page 15 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. It was the consensus of the Planning Commission not to require the 10 percent private recreation space and that a park dedication fee would be appropriate. Thiesse noted Staff recommends a 10-foot trail easement along the south boundary. Thiesse indicated he would be in favor of that. Thiesse asked whether the easement would be given back in the event the trail is constructed on the other side of the road. Barnhart indicated this is similar to the Orono Senior Housing project and that the easement would provide some options. Weber noted the 10-foot easement will not affect them in a negative way and that it is typical to a utility easement. Landgraver asked if the pond has been expanded. Barnhart indicated Hennepin County is working with the property owner of the senior housing project to expand that pond and that Staff will have to do the calculations. Barnhart stated it appears the pond was designed to accept development of this site as a business use. Weber stated the commercial site had 26 open space and that this site has less hardcover than what was previously approved. Weber stated as part of their application one of the requirements is that the pond does accommodate the stormwater and that they will be looking at that. Thiesse stated if the City were to request additional monies from the developer for recreation, it could go towards the trail. Thiesse noted landscaping will be required and that a plan will need to be submitted at some point. Landgraver commented this would be a nice compliment to Orono's housing stock. The Planning Commission took no formal action on this item. 9. UPDATE ON CITY COUNCIL MEETINGS HELD ON NOVEMBER 27,2017,AND DECEMBER 11,2017 Barnhart reported on the following City Council actions: • Approved a number of variances for 3325 Crystal Bay Road on Consent • Approved a conditional use permit for Travis DeYeung for a permanent dock • The Wishmeyers' after-the-fact variance on Big Island was approved • Approved the CUPs for the Lakewest development on Ivy Place. The applicant needs to submit final plat. • Reviewed a temporary site plan for River Valley Sports. The City Council ultimately approved the request for 10 days anytime between January and March. The City Council was uncomfortable with temporary being three months. • The William and Sue Dunkley application changed dramatically but was ultimately approved. The Dunkleys decided to combine the two lots rather than create three separate lots and the variances granted were for the home improvements. Page 16 of 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. 10. PLANNING COMMISION LIAISON FOR FEBRUARY 12,2018,COUNCIL MEETING Thiesse noted he is the Planning Commission liaison for February 12. 11. OTHER ISSUES FOR DISCUSSION Barnhart noted the terms of three commissioners will be up in April. The City is currently recruiting applicants and has received four applications so far. Barnhart stated he expects there to be some sort of review process by the City Council in March. ADJOURNMENT Leskinen moved, Schwingler seconded,to adjourn the Orono Planning Commission meeting at 8:30 p.m. VOTE: Ayes 5,Nays 0. ATTEST: 1 „ , -e ` John Thiesse, Chair • Page 17 of 17