HomeMy WebLinkAbout02-20-2018 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
1tOLL 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, Chad Olson,and
Loren Schoenzeit. Representing Staff were City Administrator Dustin Rief, 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
JANUARY 16,2018
Landgraver moved,Leskinen seconded,to approve the minutes of the Orono Planning Commission
meeting of January 16,2018,as submitted. VOTE: Ayes 5,Nays 0.
2. 18-3998 JAMES AND MARY JUNDT, 1400 BRACKETTS POINT ROAD,
PRELIMINARY PLAT AND STREET VACATION,6:32 P.M.—7:00 P.M.
Chuck Algon,Developer;Mark Gronberg, Surveyor;and Brian Benson,Attorney-at-Law,were present.
Barnhart stated the applicant is requesting preliminary plat and street vacation approval to subdivide the
existing lot at 1400 Bracketts Point into five separate lots and relocate a portion of the public Bracketts
Point Road to the middle of the peninsula.
The project proposes subdividing a 13.78-acre parcel into 5-lot single-family residential lots. All of the
lots meet the minimum 2-acre dry buildable requirement and 200 feet of lakeshore. The Planning
Commission reviewed this as a sketch plan. The application tonight does meet the zoning requirements
and Comprehensive Plan requirements in terms of density and use.
The significant feature of this project is the relocation of Bracketts Point Road to the center of peninsula.
Bracketts Point Road intersects with North Shore Drive at the north end and converts to a private road at
the hammerhead. The private road services three homes. The applicant is proposing to vacate the red
portion of the road,which includes the hammerhead,and relocate the road to generally the center of the
peninsula and providing access to the five lots on either side. As part of that relocation,the applicant is
proposing to vacate an existing sanitary sewer trunk line and relocate it. The relocation of the trunk line
will require the need for a second lift station serving the area. The City would prefer the lift station over a
deep trunk line and potential conflicts with water table and soil stability.
Barnhart displayed the new location of the road and sanitary sewer on the overhead.
Barnhart stated in terms of improvements on the property,there is currently a large home,a tennis court,a
caretaker's building, and some other improvements. The home will remain but the caretaker's building
and other improvements will be removed. No structural coverage variance is required for the house.
As part of this project,a number of trees will be removed partly because of the grading and some of the
other improvements associated with relocating the road. The trees to be removed are primarily located in
the southwestern portion of the property. Overall the applicant will be removing 77 trees over six inches
Page 1 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
in girth and replacing them with 61 trees,many of them along the new Bracketts Point Road. Staff is
recommending that some of the trees be shifted to create a more natural look.
There are no wetlands on the property. One of the comments received during the sketch plan review was
to verify with Hennepin County that the proposed subdivision would not require any improvements to the
intersection of Bracketts Point Road and Shoreline. The County has indicated they have not identified
any needed improvements.
Another comment related to some possible Native American significance to the site. The applicant has
diligently worked with the State Historical Preservation Office and other agencies to ensure that this site
has no verifiable evidence of Native American activity. If any such physical evidence is found,a
condition of the development is that the developer will contact the State Historic Preservation Office.
At this point Staff is recommending approval of the application subject to the conditions that are outlined
in Staff's memorandum.
Landgraver asked whether there will be any trees removed along the shoreline.
Barnhart indicated only one tree has been identified to be removed in the 0-75 foot zone.
Thiesse asked if the City Engineer has reviewed the application. Thiesse asked whether there is any
concern with three homes accessing off of the cul-de-sac.
Barnhart stated the City Engineer has reviewed the application and has provided comments. Those
comments will need to be addressed as part of the final plat. The applicant is proposing a public cul-de-
sac to terminate at the property line and then turn into a private driveway for three homes. The current
hammerhead will be replaced with the cul-de-sac.
Thiesse asked if there is any lakeshore involved with the easement vacation.
Barnhart stated there is not. As part of the vacation review process,discussions were held with the DNR
and they have no concerns and, in fact, supported the vacation.
Chuck Algon,Developer, stated they have no additions or corrections to Staff's report and that they
accept it as is.
Chair Thiesse opened the public hearing at 6:42 p.m.
Bruce Paddock, 1500 Bracketts Point Road, stated he is here tonight representing himself and the
property owner at 1490 Bracketts Point Road. Paddock stated in his view he can safely say on behalf of
all the residents of Bracketts Point that this property is a very special place in the City of Orono. Paddock
stated there was a very good reason why George Brackett settled on Bracketts Point and built a summer
retreat there. The local Indians before him considered this very sacred and holy ground.
As a result,Paddock stated in their view any new development should be additive to the surrounding
properties for future generations to come and not diminutive. Paddock stated after review of the proposed
development, in his view the project generally will be additive and much more efficient to Bracketts Point
but that he will reserve his final approval until after the discussion by the Planning Commission.
Page 2 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
Paddock stated in his opinion this is an opportune time to ask for a public roadway to run from County
Road 15 all the way down to Bracketts Point ending in the existing cul-de-sac. The cul-de-sac currently
serves three properties. Paddock stated he would urge the City in fairness to all property owners to
extend the public roadway from County Road 15 all the way down to the end so it serves everybody
equally. As long as the relocated roadway is built to city standards,those same standards should be
extended to the three lots that the private road serves.
Paddock stated his second concern relates to Lots 4 and 5. Paddock stated he believes Lot 4 contains the
original Pillsbury mansion,which is at least 30,000 square feet. That house will now be placed on a
property a little over three acres. Paddock stated in his opinion this is a very large structure and it needs a
larger parcel to add value to that home as well as Bracketts Point. Paddock suggested the buyer of Lot 4
also be required to purchase Lot 5,especially if they plan on retaining that structure because the tennis
court and swimming court could then be saved,which would make it 5-plus acres. If the buyer of Lot 4
elects to raze the home and build a new home,then separation of the two properties would be acceptable.
Paddock stated overall it is a good project and will enhance Bracketts Point.
Chair Thiesse closed the public hearing at 6:48 p.m.
Landgraver asked what the City's view is on extending the public road to the end of the point.
Barnhart stated it is his belief the Council feels the whole road should be private versus public. Barnhart
noted generally subdivisions are served by private roads.
Thiesse asked if the right-of-way would change quite a bit if the road were made public.
Barnhart indicated he does not have any information on that tonight but that it is likely there is no
right-of-way currently on the private section.
Rief stated the City would need to determine what that right-of-way is and that Staff is not prepared to
answer that tonight.
Barnhart stated the Planning Commission should react to the request in front of them,and if they feel
differently about the proposal,they should incorporate that into their recommendation.
Thiesse commented they are both very good comments but that he is not sure the Planning Commission
has control over that.
Landgraver asked what the structural coverage is for the house.
Barnhart stated based on the information he has tonight, it is 6.9 percent.
Landgraver stated according to City Code, it is a reasonably sized structure on a big lot.
Barnhart noted Lot 4 is the biggest lot in the subdivision.
Landgraver commented in theory someone could purchase the adjacent lot.
Page 3 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
Leskinen stated she understands the comment about keeping Lots 4 and 5 together but that the City has no
way to compel the developer to do that since the lots meet the City's subdivision standards as far as
minimum lot size and setbacks.
Schoenzeit commented it appears the applicant has their is crossed and i's dotted.
Thiesse stated he has heard from Staff that the Council is leaning more towards a private road.
George Stickney, 340 Peavey Road, indicated he was involved with the parties that are here tonight with a
subdivision in 2007. The roadway has a 30-foot right-of-way and it is a nice beautiful roadway that is
built to city standards as well as curb and gutter to the new cul-de-sac site. There is also a 90-foot right-
of-way to the end of the road with a center island so the snow plows can get in there. Stickney stated the
current public roadway along the lakeshore is not as wide and nice as what is being proposed.
Stickney stated there is an opportunity tonight to extend the public road for those people who want to see
Bracketts Point. The proposed road will be straighter and will not zig-zag. Stickney indicated the
roadway will make it easier for fire trucks to access and will not increase the outlot size. In addition,the
road is in awesome shape.
Thiesse noted this is the first time the Planning Commission has heard any concerns about the road
remaining private. Thiesse stated in his view it is a good plan and that he likes the recommendation to
stagger the trees more. Thiesse stated he would also like the City Engineer to look at the road prior to it
going to the City Council to see whether it is a viable option.
Barnhart stated the City can always respond to requests to convert a private road to a public road and that
it does not need to be part of an application. Generally the City will look for the road to be built to city
standards and has been properly maintained.
Thiesse stated he would like the road to be looked at to ensure the road is in great shape.
Landgraver commented it is an interesting proposition and that there does not appear to be anything
precluding that at this time. Landgraver stated those three people could petition the City to make it a
public road if they so choose.
Barnhart stated they can petition for that at any time and that it does not need to be part of this
application.
Thiesse stated he has no intention of holding the application back but that he would suggest the City
Engineer look into it.
Landgraver stated if the City Council elects to make it a private road,then it becomes a moot point,but
that overall it is getting the road away from the lakeshore and relocating the utilities into a more easily
maintained and serviced area. Landgraver stated Lot 4 may not be the perfect size for the existing
residence but in his view it is a good faith effort to develop the site. Landgraver stated he is in support of
the application.
Page 4 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
Leskinen moved,Landgraver seconded,to recommend approval of Application No. 18-3998,James
and Mary Jundt, 1400 Bracketts Point Road,vacation of the roadway and the sanitary sewer
easement,subject to the conditions outlined in Staff's Report. VOTE: Ayes 5,Nays 0.
Leskinen moved,Olson seconded,to recommend approval of Application No. 18-3998,James and
Mary Jundt, 1400 Bracketts Point Road,preliminary plat,subject to the conditions outlined in
Staff's Report. VOTE: Ayes 5,Nays 0.
3. LA18-000001 ALLEN MERRILL,VACATION OF RIGHT-OF-WAY(GRAND VIEW
AVENUE)BETWEEN 1161 AND 1153 ELMWOOD AVENUE,7:00 P.M.—7:39 P.M.
Allen Merrill,Applicant,was present.
Oakden stated the applicant is requesting to vacate an unimproved platted right-of-way that is directly
abutting his property to the north of his rear lot. The property has one PID number. The right-of-way
was originally a product of a plat from 1887. The applicant is requesting vacation of the right-of-way east
from the intersection with Elmwood.
There is currently a lift station located in the Elmwood right-of-way just south of this unimproved right-
of-way. The Public Works Department is planning to place a generator in the area to support power to the
lift station. There is currently sanitary sewer that runs through the right-of-way and some blacktop
improvements over part of the area which functions as a turnaround area for vehicles and helps with space
for snow removal.
The west end of the right-of-way functions as a turnaround for the road since a cul-de-sac is not present.
While there may be some benefit to the public in the future to adjust the right-of-way through a land swap
to accommodate the improvements, including the pavement outside of the right-of-way,that proposal has
not been presented or proposed.
State Statute states no vacation shall be made unless it appears to be in the interest of the public to do so.
The Council may vacate any publicly owned utility easement or boulevard reserve which is not being
used for sewer,drainage,electric,telegraph,and telephone, gas and steam purposes or for boulevard
reserve purposes. The right-of-way in question is in use for existing utilities and there are proposed future
utilities planned for this space in the near future.
Staff believes approving this request would conflict with City Code and recommend denial of the request.
It would also conflict with Minnesota State Statute which states a vacation should be done if it is in the
interest of the public.
One comment from a neighbor has been received and is in support of the vacation.
The Planning Commission had no questions for Staff.
Kari Winning, 1161 Elmwood Avenue, stated she is speaking here tonight on behalf of Mr.Merrill and
that it is her understanding the neighbor does support the vacation of the right-of-way. With regard to the
sanitary sewer, Winning noted there are no manholes in the actual right-of-way. One of the manholes is
on the back lot owned by Mr.Merrill and the other manhole is on the lot owned by Mr. Hanna.
Page 5 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
Winning stated while there is sanitary sewer running underneath the property requested to be vacated,
there is not a manhole on the actual right-of-way and no utilities currently above ground on the right-of-
way.
Winning stated it is their understanding there has been some discussion about placing a generator on that
right-of-way but there has been no formal notification to the neighbors. Both property owners would be
happy to give an easement to the City so they can access that generator.
With regard to the right-of-way, it is not currently being used for anything and was originally intended to
extend up to North Arm Drive. Winning stated it is their understanding the front part has previously been
vacated and the original purpose of the right-of-way would no longer be applicable. Because there is now
a house in that area,there could not be a street running up there,which was the reason for the original
vacation.
Winning stated the neighbors generally support the vacation with regards to the turnaround and that the
generator would primarily benefit one neighbor. Mr.Merrill does understand the need for the generator
and would be willing to provide an easement for access.
Chair Thiesse opened the public hearing at 7:09 p.m.
Robert Hanna, 1153 Elmwood Avenue, stated this part of Orono has changed greatly in the last four
years,and that if you look at the lot lines and the roadway, it is a mess. The platted road currently goes
through three mailboxes and a little corner of the garage on his property. Hanna commented he is not
sure how that happened but that it is a mess and has gotten worse with two more houses being built.
Hanna stated from his perspective,the pavement improvement is on his lot and that he understands the
need for emergency vehicles to turn around. The back part of the lot,which is what is being talked about
tonight,is unused, and if the road could be straightened out,that would be very helpful. Hanna
encouraged the Planning Commission to look at this with fresh eyes and say that the proposed vacation
makes sense as long as the City can access whatever they need to.
Hanna noted the utilities are already running over what is owned by him and has never been an issue. It
will not be an issue if the lot is vacated. Hanna stated what is on the map is not what is really being used
and owned currently and that he would encourage the Planning Commission to look closely at what is
happening in that back corner.
Jeff Craig, 1205 Elmwood Avenue, stated he does not support the vacation, and that the unfortunate piece
is that all of the traffic from 1161 Elmwood all the way up the road has increased since he purchased his
house. In the past few years two more houses have been built,which has created three times the amount
of traffic.
Craig stated the second piece is the turnaround. The plat as currently mapped is not really accurate as far
as what the space is. The mail truck,UPS,garbage people and other vehicles have to back down
Elmwood Avenue to access that area. Craig stated the way that it is being used right now is that the right-
of-way is being used as a way to access the hill because vehicles cannot go up from the street due to the
steep topography.
Page 6 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
Craig stated his concern goes beyond the traffic,and that if the vacation is approved,there will be two
more buildable lots in the area.
Craig pointed out the lot that was unbuildable until three years. Craig stated all of a sudden it became a
buildable lot and that he was not aware they were going to build on that site. Craig stated his concern is
creating two more buildable lots that would be 50' x 135'. Craig stated at some future point in time those
lots could be sold off and utilized or Mr. Merrill could construct a garage in that area. Craig stated due to
his concerns,he would prefer it not be vacated.
Jennifer Welsh, 1180 Elmwood Avenue, stated the road is an old fire lane and that it is not a two-lane
road. If two cars meet,one car has to back up. In addition to the narrow road, Welsh indicated she has
been running into problems with water and mud. Currently the drainage ditches are overflowing with
mud and gravel,which spills over onto the neighbors who live downstream from her. Welsh indicated
she cleaned it up because the drainage ditch is not being maintained but that she cannot keep cleaning it
up because it is coming from further up. Welsh reiterated that there are problems with this road and that
the City needs to figure out the best way to handle it. Welsh requested they look at how much hardcover
will be back there and the environmental impacts that it will have on the area since it is very close to the
lake.
James Theisen, 1295 Elmwood, stated when he moved in 20 years ago,there were nine properties being
serviced off of Elmwood and now there are 11 homes located on a very narrow roadway. Theisen stated
he was very surprised that house was allowed to be built, and that from what he understands,the property
back on North Ann Drive had an outlot which was not supposed to be split off. It unfortunately was split
off and two new homes have been built.
Theisen stated the road is very problematic and very narrow. The vacation is problematic given the
possibility of building another home or building. The boundary that is truly Bob's property is the
turnaround. Theisen stated he is opposed to the vacation due to access concerns for the present properties
and the potential for future building. Theisen stated the road really is a one-way road and the two new
homes have made it much more difficult. Theisen stated cars have to back up all the time to get out of the
way and that a better solution would be change the configuration rather than vacating land.
Scott Christianson,Elmwood, stated he has resided on Elmwood for 25 years and that the area is getting
to be quite the disaster. Christianson stated he blames the City for allowing some of these homes to be
built on lots that were never buildable before. In addition,the lift station issue will be a huge cost to the
taxpayers,and the only reason that is a problem is that the house was allowed to be built and the driveway
goes right over the top of it. The land is also used for snowmobile access.
Christianson noted there is some serious runoff coming down North Arm in addition to the traffic
problems. Christianson stated in his view the end game is to build another house or two in that area,
which is why the neighbors are against it.
Allen Merrill,Applicant, stated no one is more disappointed in the new homes than he is and that in his
view a lot of this is residual frustration from those homes being built. Merrill indicated he has no intent
of splitting the properties off or developing the land and that at most it will be a playground for his
children.
Page 7 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
City Administrator Rief stated the City is aware that this is a problem area and that the City is willing to
fix it but they need assurances that the City can gain access closer to the lift station or possibly a
cul-de-sac to help the turnaround situation. Rief concurred that there is a lot of traffic in the area and that
he would be willing to discuss potential solutions with the neighbors if they would like to at another time.
Jim Theisen asked what the sole purpose of the vacation is and how it will benefit the neighbors.
Thiesse stated the Planning Commission has been asked to look at the vacation request and determine if
there is any benefit to the City or the neighbors if the area is vacated.
Allen Merrill stated he has no intentions of developing the lot behind him and that what he is potentially
looking at is maybe constructing a garage there. Merrill stated the only reason to vacate the strip is so he
can pick up another ten feet so he can have room to possibly build a garage. Merrill agreed that parking
and garage space for everybody is tight and that he is willing to work with the City if they want to figure
out a way to build a cul-de-sac.
Merrill stated when he bought his place, it was newly constructed and that he got the back lot with it.
Merrill noted he tells all the neighbors that they can use his parking area and that he did put some gravel
down so people could park back there. Merrill noted they cannot park in the street since it is a one-way
street and that he can understand what the neighbors are talking about with the traffic. Merrill indicated
he would be supportive of widening out Grand View up to County Road 151 but that he does not want to
pay the additional specials to do it.
Merrill stated when it was first brought up about the genset,he thought it would really make a mess,and
that he talked to the engineers about it blocking the turnaround. Merrill noted he suggested the City
vacate that little strip and that he and Bob Hanna would give them a full easement to maintain the
generator and everything else back there. Merrill stated he did not know that the City decided to move it
towards the east. Merrill reiterated that no new homes will built there if the area is vacated.
Thiesse noted the City said that for 50 years on the other lot and that there is now a house there.
Merrill commented he maybe would consider putting up a garage but never a house.
Jennifer Welsh stated the neighbors are very much interested in working with the City on the road. Welsh
stated after hearing about the garage and the gravel problem, she is even more concerned about the runoff
from County Road 151 and North Arm. If more hardcover is added,there will be more runoff. Welsh
commented she hopes this area is not vacated.
Scott Christianson stated variances are usually for hardships or grandfathered-in property. Christianson
commented it seems like people are doing what they want up front and then get the variance later at the
cost of the neighbors or the City Code. Christianson noted the graveled lot was cleared once maybe five
or six years ago and that now the gravel is back.
Chair Thiesse closed the public hearing at 7:32 p.m.
Landgraver noted there was litigation to get that lot built and that the City was opposed to it.
Thiesse pointed out if those lots were to be divided,they would substandard.
Page 8 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
Curtis stated those lots would actually need to be subdivided if the right-of-way is vacated and it currently
has one PID number. The other lot was a special combination.
Thiesse noted the City would not allow the lots to be subdivided if they are substandard.
Rief stated if the two back lots are combined,that would change that.
Curtis noted they are separate PID numbers and they would still require a subdivision. Curtis stated the
City would need to authorize a substandard lot since the land is located in a one-acre district. Curtis
stated it is not an individual single-family lot and is part of the lakeshore lot.
Craig stated if they went through a subdivision and the City allowed it, it would be a buildable lot.
Curtis stated it is contrary to the City's plan and philosophy to make that a buildable lot. Curtis noted the
other lot was a single lot of record,which is a completely different scenario.
Thiesse stated this is not a single lot of record.
Leskinen stated the Planning Commission needs to react to the application in front of them and that in a
nutshell the vacation does not meet state statutes or city code and does not rise to the level of being
vacated.
Thiesse stated he would like to see further discussion with the City and the neighbors on what can be
done to improve the roadway.
Schoenzeit stated that process could include the vacation if it has City or public interest in it,but as
presented, it has neither.
Landgraver stated as presented, it does not benefit the citizens of Orono or the neighbors.
Rief stated the comments tonight show the City needs to look at this area and determine what can be done
to fix it. Rief stated the generator is a top priority of the City.
Landgraver moved,Leskinen seconded,to recommend denial of Application No.LA18-000001,
Allen Merrill,vacation of right-of-way between 1161 and 1153 Elmwood Avenue. VOTE: Ayes 5,
Nays 0.
4. LA18-000004 GATES GENERAL CONTRACTORS,INC.,710 BIG ISLAND,
VARIANCES,7:39 P.M.—7:44 P.M.
Chris Neugent, Gates General Contractors,was present.
Curtis noted in 2016 variances were granted to the property permitting additions to an existing cabin on
the property which had been reconstructed from an old historic footprint. The property owners are now
requesting an average lakeshore setback variance to permit enlargement of two additional areas of the
cabin. The enlargements include an 89 square foot screen porch expansion and an 85 square foot
mudroom addition.
Page 9 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
Due to the property's orientation and the relationship spatially to the two adjacent lakeshore lots,the
entire property is lakeward of the average lakeshore setback line with no legal buildable area. Staff finds
practical difficulties inherent to the point-like nature of the lot and support granting the variance to the
average lakeshore setback. Hardcover and structural coverage are not issues.
Curtis stated no public comments have been received.
Thiesse commented he believes the last time the applicants were here they wanted to encroach into the
0-75 foot area and the Planning Commission did not recommend that.
Curtis indicated that is correct.
Chris Neugent,Gates General Contractors, stated he had nothing to add to Staff's report.
Chair Thiesse opened the public hearing at 7:43 p.m.
There were no public comments regarding this application.
Chair Thiesse closed the public hearing at 7:43 p.m.
Thiesse commented the application is fairly straight forward.
Landgraver concurred that it is fairly straight forward and they are not proposing huge additions.
Landgraver stated he is in favor of the application.
Leskinen moved,Schoenzeit seconded,to recommend approval of Application No.LA18-000004,
Gates General Contractors,Inc.,710 Big Island,granting of average lakeshore setback variances.
VOTE: Ayes 5,Nays 0.
5. LA18-000006 ELEVATION HOMES, 1390 FOX STREET,VARIANCES,
7:44 P.M.—7:48 P.M.
Bill Costello,Elevation Homes,was present.
Oakden stated the applicant is requesting lot area and lot width variances to take advantage of the Tier 3
hardcover limit of 35 percent and to construct a single-family home on a non-conforming lot of record.
The lot was part of a plat that was recorded in 1887 before the RR-1B zoning district was implemented.
The proposed home meets all of the required setbacks. The lot consists of 0.46 acres in a two-acre zone
and is 133 feet where 200 feet is required. Staff finds there to be practical difficulties inherent with the
property due to its size and width in the RR-1B District. The applicant's property had contained a single-
family residence for many decades. The ability to have the same type of hardcover amenities as other
existing developed properties in the neighborhood would be limited if the area and width variances are
not granted.
The Planning Commission had no questions for Staff.
Bill Costello,Elevation Homes, stated he has nothing to add to Staffs report.
Page 10 of 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
Chair Thiesse opened the public hearing at 7:46 p.m.
There were no public comments regarding this application.
Chair Thiesse closed the public hearing at 7:46 p.m.
Oakden noted the property is located in a Tier 3 area but is nonconforming and limited to 25 percent
hardcover without the variances.
Landgraver noted of the 35 percent hardcover potential,the applicants are only planning on using 25
percent.
Schoenzeit asked how the size of the lot compares to the rest of the neighborhood.
Oakden indicated it is very comparable to the other lots.
Landgraver stated the Planning Commission has recommended approval of some improvements to other
homes in the area.
Schoenzeit moved,Olson seconded,to recommend approval of Application No.LA18-000006,
Elevation Homes, 1390 Fox Street,variances based on staff recommendations.
VOTE: Ayes 5,Nays 0.
6. UPDATE ON FEBRUARY 12,2018,CITY COUNCIL MEETING
Barnhart reported on the following City Council actions:
• The City Council held the public hearings on the applications heard at the January Planning
Commission.
• A request to vacate the fire lane at 2618 Casco Point was denied by City Council.
• The variances for 3155 Casco Point Circle were approved.
• The 684 Tonkawa Road request for the decks was approved.
• The City Council approved the Knaeble preliminary plat on Togo Road.
• Approved Rehkamp Larson application.
• The City Council tabled the request on Arbor,which is the one where the structural coverage was
higher. The City Council did not seem to be supporting it but allowed the applicant time to
redesign. The application will come back to the Planning Commission in March.
• The City Council did support the concept plan amendment for the apartment building on Kelly
Parkway. The applicants will be submitting an application in the near future.
• The City Council directed Staff to make some changes to the rental housing ordinance. The
Council is initiating a rental license requirement and placing a prohibition on renting of properties
for less than 30 days. The ordinance will go into effective April 1.
7. PLANNING COMMISSION LIAISON FOR MARCH 12,2018,COUNCIL MEETING
Barnhart noted John Thiesse is the scheduled Planning Commission representative for the March 12,
2018,City Council meeting.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday,February 20,2018
6:30 o'clock p.m.
8. OTHER ISSUES FOR DISCUSSION
Landgraver asked whether the City should go through a bid process to determine the value of a piece of
land whenever there is a request to vacate.
Barnhart stated it is not really the City's land to sell and that the benefit to the public must be determined.
If there is no public benefit,the property can be vacated and it usually goes back to the adjoining property
owners.
PLANNING COMMISSION COMMENTS
None
ADJOURNMENT
Leskinen moved,Olson seconded,to adjourn the Orono Planning Commission meeting at 7:55 p.m.
VOTE: Ayes 5,Nays 0.
ATTEST:
7 p
' r/
i
John Thiesse, Chair
Page 12 of 12