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HomeMy WebLinkAbout03-19-2018 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 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,Loren Schoenzeit, and Jon Schwingler. Representing Staff were City Administrator Dustin Rief,Community Development Director Jeremy Barnhart,City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Mayor Dennis Walsh was present. Chair Thiesse called the meeting to order at 6:30 p.m.,followed by the Pledge of Allegiance. Thiesse thanked Loren Schoenzeit,Jon Schwingler,and Denise Leskinen for each of their nine years of service on the Orono Planning Commission. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 12,2018 Leskinen moved,Landgraver seconded,to approve the minutes of the Orono Planning Commission meeting of February 12,2018,as submitted. VOTE: Ayes 6,Nays 0. 2. 18-3996 GEORGE STICKNEY,825 OLD CRYSTAL BAY ROAD SOUTH, PRELIMINARY PLAT,6:33 P.M.—7:03 P.M. George Stickney,Applicant,was present. Curtis stated the applicant is requesting preliminary plat approval for a residential subdivision of the 20.5-acre property to create one additional 5-acre lot for a single-family home. The plat is proposed as a front/back lot subdivision with a private drive outlot. Flexibility regarding the average lakeshore setback requirements as applied to Lot 1 is being requested by the applicant. Page 1 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. The existing property has a home, a guest house, and barn located on the property, all of which will remain following the subdivision. The property is zoned LR-1A with a two-acre minimum. As proposed, the plat is less dense than the prescribed minimum density contemplated within the Comprehensive Plan. The applicant is proposing that the existing horseshoe driveway configuration would remain as it serves the existing home and the two vacant lots situation between the subject property and the properties on Little Orchard Way. The northern portion of the horseshoe driveway will be upgraded in width and contained within an outlot to serve as the private shared driveway access for the new Lot 1 and the existing home on Lot 2. Comments were received from Hennepin County today regarding the application and have been provided to the Planning Commission for their review. There is an existing city sewer line located in Old Crystal Bay Road South directly abutting the property. Because sewer is available,the lots should be served by City sewer and private water supply wells. The applicant has designed septic systems that do conform to serve both of the lots and has requested a waiver from the sewer connection requirement until such time as the property is further developed. The preliminary plat reflects the applicant's requested flexibility with regards to the average lakeshore setback. The average lakeshore setback requirement is determined by the existing home at 825 Old Crystal Bay Road South and the home at 3051 Farview Lane. The applicant is requesting a waiver to permit the home on Lot 1 to be as close as 80 feet from the ordinary high-water level. A 30-foot wide private driveway outlot has been provided. Hennepin County has requested an additional 17 feet of right-of-way as detailed in their comments. The Planning Commission should discuss the application and provide comments with regard to the air- conditioning units,the average lakeshore setback request,the septic line,the requirements of the MCWD, and the comments submitted by Hennepin County. Planning Staff recommends approval conditioned upon the recommendations of the City Engineer as well as the requirements of the MCWD. The Planning Commission should make a recommendation regarding the sewer connection. Landgraver asked if there is a bluff on the property. Page 2 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Curtis indicated there is not. George Stickney,Applicant, stated they are attempting to preserve what has existed for 100-plus years and takes 20.5 acres and only creates one new lot. Stickney stated the lot is more than conforming at 5.7 acres. The roadway on Outlot A will act as a driveway and has been there for over 107 years. The entry monuments are within that outlot as well. Stickney stated in response to some of the comments received today,he would note that the existing entry monument in the front is 43-plus feet away from the right-of-way. The main structure starts at 40 feet and then horseshoes toward Old Crystal Bay Road,which results in it being approximately 30 feet from the right-of-way. Stickney stated currently the distance is 420 feet wide,with Hennepin County suggesting 660 feet of width for safe passage. Stickney noted there are three to four driveways across the street,and as it relates to the line of sight,he is able to see more than a half a mile to the north and then past Fox Street and all the way down to Carpenter Road before there is a sightline issue. Stickney indicated he has compacted ground to work with on the driveway since it has been used for 107 years and that they will make it better by increasing the width to 15 feet wide. In addition,the area next to the road will be landscaped. There will also be covenants covering the north boundary consisting of a 10-foot tree preservation area where no trees can be cut,which will further buffer the homeowners on the north side of the property. There is also a 10-foot tree preservation agreement between the two lots. Stickney commented this is a unique development because there will only be one septic site. As it relates to sewer, Stickney noted the outlot runs almost 1,000 feet and then they would have to add another 500 feet of sewer line to the new house,which is exorbitant for two homes on 20-plus acres. Stickney stated they would also have to incur a lot more costs with a lift station and grinder pumps as well as having to remove additional trees. Stickney indicated this proposal has one septic site in excess of 340 feet from the lake with numerous alternate sites being available. Stickney stated the only time a septic site will fail is when the installer inadvertently compacts the ground. Stickney stated they are taking a very conservative approach to the development and that by connecting the horseshoe to the new driveway will let the property owner reach the guest house and barn. Stickney stated in his view it is a better proposal for fire trucks and other vehicles. The apron near the home is for extra parking and safety. Stickney stated the development will be very private and secluded and the neighbors will not know anything has changed. Page 3 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Thiesse requested Mr. Stickney address the issue of the AC units. Stickney indicated the owner would love to have those stay and that they would work out an easement with the owner of the new lot. Stickney stated the building has been there a long time and is very well built and located in the woods. Thiesse asked what will happen to the trees between the house and the lake. Stickney indicated they will clear a site pad and that they are only building one house,one driveway,and one septic site. Stickney stated if the lot was to be further subdivided,then.a sewer line might be appropriate, but that there is a big buffer in between the sewer site and the lake. Judson Dayton,Applicant, stated this is not a development but is merely taking one piece of property and placing a house on a large parcel. Dayton stated normally sewer lines are connected to multiple new homes and that the current house is hooked up to a drain field and septic system. If the waiver is not granted, it would be necessary to bring in sewer almost 1,500 feet for one house. Dayton stated they have performed all the septic tests and have plenty of alternative sites available. Dayton stated he would be happy to address the sewer issue at the time more homes are built. Landgraver noted the Watershed District has raised the issue of the two adjacent lots,with a question towards whether those will be developed. Landgraver asked what the intent is for those two adjacent lots. Curtis pointed out the two adjacent lots. Curtis noted they are existing lots that can be built on today with septic systems and are not part of the subdivision. The Watershed District is looking at it with regard to ownership status. Curtis stated to her understanding that is still being discussed from a watershed rules standpoint. Stickney noted the Watershed District also saw an earlier plan that depicted two homes. Landgraver asked if the two adjacent lots are required to be hooked up to city sewer. Curtis indicated they are not. Lemke asked whether there is any septic system for the horse barn. Dayton stated the barn connects into the guest house and there is a septic system there. Dayton indicated it is not a permanent residence and there are no horses. Lemke asked whether it is a totally separate system from the house. Page 4 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Dayton indicated it is. Chair Thiesse opened the public hearing at 6:50 p.m. There were no public comments. Chair Thiesse closed the public hearing at 6:50 p.m. Landgraver stated in his view there are extenuating circumstances for the average lakeshore setback and that it will not block any views due to the trees. Landgraver stated he is comfortable approving a variance. Thiesse indicated he is in agreement with Commissioner Landgraver. Dayton noted they were granted a variance ten years ago,which was extended for another year or two,but that they never received any offers on the land so the plat was never filed. Dayton stated in his view there is precedent to approve the average lakeshore setback variance. Leskinen and Schwingler indicated they are in agreement with the comments made about the average lakeshore setback. Lemke stated it seems like a long way to extend the sewer for one house and that perhaps it would be more appropriate if the land was subdivided in the future. Schoenzeit stated as long as the City Engineer feels the existing two septic sites do not need to be replaced,then he would be okay with not extending the sewer. Thiesse indicated he is in agreement. Schoenzeit stated the Planning Commission could recommend that if the situation changes,the septic situation be looked at again. Leskinen stated she is in agreement,noting that there are alternative sites available. Thiesse asked what the AC units are serving. Dayton indicated 20-plus years ago the air-conditioning units were moved further away from the home and placed on a concrete slab inside an old structure to keep them out of sight and to block the sound. The air-conditioning units are now located on the new lot line,and if the buyers are willing to leave them there,Dayton stated they would like to leave them there. Page 5 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Thiesse asked if there is a well on the other side of the property. Dayton indicated that is a well with a pump that keeps the pond at a consistent level and that there will be an easement for the well so they can keep the pump. Schoenzeit stated if that equipment is more than 10 years old,they should consider replacing it with newer equipment since the newer equipment is silent and super energy efficient and will pay for itself in about four years. Thiesse asked if the City is amenable to an easement or whether the line should be redrawn. Landgraver stated that begs the question of why the line is not drawn to the side of it to get around this issue. Mark Gronberg, Surveyor,noted the topography drops off quite a bit to the west and that relocating the line would require a lot more fill and grading on the west end. Schwingler stated he does not have a problem with the air-conditioning units and that it should be left up to the future buyer. It was the consensus of the Planning Commission that they would be comfortable with an easement for the air-conditioning units. Schoenzeit stated as it relates to the road and safety,the Planning Commission does not have the flexibility to approve the monuments and that Hennepin County will need to make the final decision. Thiesse asked whether the monuments are going to be in the right-of-way. Stickney stated the front entrance gate is 40 feet from the center of the road and that they are adequately placed for a 33-foot right-of-way. Stickney stated the issue is that they start curving toward the road so the two wings are within 25 feet of the roadway. Stickney noted if you go north to Crystal Bay Preserve, there are two newer entry monuments that are 25 feet from the right-of-way and that there are other monuments on the street that are the same way. Stickney stated the monuments are old and that they would like to preserve as much of it as they can. Thiesse stated with regard to the items related to Hennepin County,the City has no control over. Schoenzeit stated one issue is an easement for a potential trail and that this is an opportunity to preserve that. Page 6 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Curtis stated the City is recommending a joint 10-foot trail and utility easement be granted and that Hennepin County is asking for seven more feet. Schwingler moved,Lemke seconded,to recommend approval of Application No. 18-3996,George Stickney,825 Old Crystal Bay Road South,granting of subdivision/preliminary plat approval per Staff recommendation and conditioned upon the requirements of the Minnehaha Creek Watershed District and the City Engineer being met. VOTE: Ayes 6,Nays 0. 3. LA18-000013 NATHAN VANCAMP,601 MINNETONKA HIGHLAND LANE, VARIANCE,7:03 P.M.—7:08 P.M. Nathan VanCamp,Applicant,was present. Oakden stated the applicant is proposing to build an addition to an existing home and is requesting a rear yard setback variance. The home is surrounded by three streets and the applicant is proposing to build the addition towards the one shared lot line away from all the streets. This shared lot line is considered the rear yard and has a 30-foot setback in the LR-1B zoning district. The addition would be located 18.8 feet from the rear property line.The current setback is 40.8 feet. The proposal meets the structural and hardcover requirements. Staff finds there are inherent practical difficulties that exist with the location of the wetland and the close proximity of the right-of-way on three sides of the lot. Due to the orientation of the home,the rear yard acts as a side yard for the property owner and neighboring residents. The encroachment does not appear to adversely impact the adjacent properties. The neighboring property owners have submitted the acknowledgement form and are in support of the project. Planning Staff recommends approval of the rear yard setback variance. The Planning Commission had no questions for Staff. Nathan VanCamp,Applicant, stated he has nothing further to add to Staff's report and that the neighbors are supportive of the project. Chair Thiesse opened the public hearing at 7:08 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:08 p.m. Page 7 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Landgraver commented the application is pretty straight forward. Leskinen moved,Schwingler seconded,to recommend approval of Application No.LA18-000013, Nathan VanCamp,601 Minnetonka Highland Lane,granting of a rear yard setback variance per Staff recommendations. VOTE: Ayes 6,Nays 0. 4. LA18-000015 MICHAEL JONES,3186 NORTH SHORE DRIVE,VARIANCES,7:08 P.M.—7:18 P.M. Michael Jones,Applicant,was present. Curtis stated a new residence was constructed on the lot in 2009. At this time the applicant is requesting a hardcover variance in order to reconstruct an existing non-conforming detached garage in a conforming location. The existing garage does not have an existing improved(paved)driveway and the new driveway would require additional hardcover. The proposed hardcover level would not exceed the existing level and does include the new driveway. The applicant is proposing to stay within the 28 percent hardcover. Staff has conducted a practical difficulties analysis which is contained in Staff's report for review by the Planning Commission. Staff finds practical difficulties exist due to the property's unique shape and size. The existing detached garage can be legally reconstructed in the same footprint and location. While it does not exist currently, the assumed hardcover serving the existing garage could be constructed at any time by the property owner. The permitting requirements apply if the project results in over 50 cubic yards of disturbance. Therefore,the applicant's argument regarding the use of the total assumed hardcover as"existing" hardcover level may be reasonable. Public comments have been received and are included in the Commissioners' packets. Planning Staff supports the variance request. Lemke asked what the height of the existing garage is versus the new garage. Page 8 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Curtis stated the applicant would be able to answer that question. Landgraver noted the new garage is significantly larger. Landgraver asked if the reason the hardcover is not more than what currently exists is because the driveway has been shortened. Curtis indicated it is and that the larger garage would be more functional for the applicant. Michael Jones,Applicant, stated his plan was to try to make it a win situation for himself,the neighbors, and the City. Jones stated he is guessing the structure was constructed around 1930 and is located 5.9 feet from the property line to the west. The original plan was to rehabilitate the property and fix it up but the foundation for the garage has been crumbling for years. In addition to the poor foundation,the roof leaks, and so it is not worth saving at this point. Jones stated as a result,he looked at different options for what could be done. Jones stated he can commit to the City that the hardcover will be reduced on the property. Jones noted there have been significant improvements on the neighboring properties,and that now that area has been cleared out,the garage is more visible and is an eyesore. Jones stated he would like to remove it and replace it with a new structure that is consistent with the new home. Jones noted attached to the proposed apron is a driveway turnaround,which was not made large enough at the time the house was built. By attaching it in this location, it makes that turnaround a little larger and easier to maneuver. Jones indicated he does not know the exact height of the existing garage but that the new garage would match the height of the existing garage. Jones stated if that red piece was eliminated,he would be at 23.7 percent hardcover but he understands that that access is part of his property. Jones stated he also has talked to several of his neighbors and everyone is in support of the project. Chair Thiesse opened the public hearing at 7:17 p.m. There were no public comments regarding this application. Page 9 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Chair Thiesse closed the public hearing at 7:17 p.m. Leskinen commented it is a reasonable request and that the homeowner has made a strong case for the practical difficulty that exists with the lot. Leskinen stated she also appreciates that the other encroachment issues will be resolved and the setbacks will be met. Lemke commented it is an attractive improvement to the property. Landgraver stated part of him would like to try to reduce the hardcover further but that the larger turnaround is needed for safe access down to the street. Thiesse stated he also had the same thought but that the applicant is dropping the overall hardcover by around 300 feet even with the larger turnaround. Thiesse stated the practical difficulty is the need for safe access onto the street,which the turnaround accomplishes. Landgraver moved,Schoenzeit seconded,to recommend approval of Application No.LA18-000015, Michael Jones,3186 North Shore Drive,granting of a hardcover variance. VOTE: Ayes 6,Nays 0. 5. LA18-000016 DALE GUSTAFSON, 1370 CHERRY PLACE,VARIANCES,7:18 P.M.— 7:35 P.M. Dale Gustafson,Applicant,was present. Oakden stated the applicant has submitted an application to add retaining walls and landscaping to the shoreline of the property located at 1370 Cherry Place. The property abuts Lake Minnetonka and has a slope along the shoreline. There are currently stairs leading down the slope creating access to the lake. These stairs would be removed as part of the project and new stairs would be constructed. There is also an existing boathouse the applicant is proposing to retain. Retaining walls are not permitted within 75 feet of the lake. As a result,the applicant is requesting a setback and hardcover variance. The applicant proposes to build new stairs to the lake around the boathouse and add retaining walls to support the slope. The plan includes multiple retaining walls running along the stairs and running along the slope. Oakden illustrated the location of the existing stairs and the proposed retaining walls. The applicant is proposing 17.9 percent hardcover in the lake yard. To date one comment against building in the lake yard in general has been received. Page 10 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. The Planning Commission should discuss whether the applicant has met the standards for a practical difficulty to warrant a variance and whether the applicant has made an attempt to meet the City standards for stair access to the lake. Staff is recommending approval of the project,with screening of all the retaining walls be required to preserve the natural look of the shoreline when viewed from the lake. Schoenzeit asked whether there are any elevation drawings. Oakden stated there are no cross-sections of the plans but that essentially the applicant is looking to install stairs that would be embedded into the slope. The retaining walls are being requested to hold back earth. Schoenzeit asked if the retaining walls exceed four feet. Oakden stated the elevations vary but none of the rocks will exceed four feet. Dale Gustafson,applicant,stated he is the landscape designer for this project and that this lot is a typical kind of problematic lakeshore lot with a steep bank. Currently the slope is just a collection of weeds and invasive trees and that there is the typical problem with trying to maintain that. In addition,the existing stairway is beginning to deteriorate and needs to be replaced in some shape, manner or form. The walls that were originally installed were substandard and the stairs going down to the boathouse are sinking and are not very safe or useful. Gustafson stated it is the property owner's plan to resurface and redo the boathouse and then install the stones more into the ground. Gustafson indicated they are anticipating using granite slabs. The retaining walls are simply to retain the soil on either side of the stairs. Gustafson noted as someone comes up the stairs,the wall might be nonexistent on one side and on the other side it could be two feet high. Gustafson stated the idea is to plant vegetation around the retaining walls and stairs so they are not very visible. Oakden displayed a picture of a sample stone stairway. Gustafson indicated it would consist more of stone outcroppings to control the slope. Thiesse asked if it will be similar to what is depicted. Page 11 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Gustafson stated it will be. Gustafson pointed out the boathouse will block the view of the stairs from one side of the lake. Gustafson stated at this time of the year there is not much vegetation but that they do plan on putting some wooded shrubs in there to help screen it during the winter. Chair Thiesse opened the public hearing at 7:28 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:28 p.m. Thiesse stated it does not appear there is a railing around the boathouse at the top or access. Gustafson indicated the access will be up at the top of the boathouse and is depicted on the plan. The access will consist of three stepping stones and there will be a railing around there. Lemke commented it is an improvement from what is there now and that what currently is there is not very attractive or safe. Landgraver stated his initial reaction was that the snaking design creates the need for the retaining walls and that a stairway straight down would requires less hardcover. Landgraver stated the mitigating factor is the fact that it comes down and goes behind the boathouse,which helps reduce the massing effect. Thiesse stated he is in agreement with Commissioner Landgraver and that he is not a big proponent of wooden stairs. Leskinen stated the look of the stone stairs with the plants around it is an improvement but that she has a concern with the amount of hardcover and whether that might speed up the runoff down to the lake. Schoenzeit questioned whether the overall project should be reviewed by the City Engineer even though it is under four feet. Oakden stated if it under four feet,the applicant would need to submit plans for a zoning permit but it would not be reviewed by the City Engineer. Thiesse asked if the City Engineer looks at all applications. Schoenzeit commented it would be nice to have it vetted by an engineer and that the Planning Commission could encourage the applicant to supply documentation. Page 12 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Barnhart stated the City Engineer will review the grading and drainage but that he will not look at a retaining wall that is less than four feet in height. Gustafson stated the stairway and wall will be constructed from a barge off the lake. Gustafson stated when the bigger rocks are placed to retain the grade,there will be drainage rock behind them,which will help capture some of the water. If the stairway is straight,the water will go straight down and lead to erosion. Gustafson noted they will have to do some slight grading and that they will add more vegetation to help hold the bank in there. Gustafson stated the company has been around a long time and that they want to do it right the first time around so repairs do not need to be made. Lemke moved,Leskinen seconded,to recommend approval of Application No.LA18-000016, Dale Gustafson, 1370 Cherry Place,granting of a 0-75 foot lake setback variance. VOTE: Ayes 6, Nays 0. 6. LA18-000019 MARK WILLIAMS,2697 CASCO POINT ROAD,VARIANCE,7:35 P.M.— 7:58 P.M. Mark Williams,Applicant,was present. Oakden stated the applicant is requesting an average lakeshore setback variance, a 75-foot lake yard setback, a hardcover variance, and lot area and lot width variances in order to construct a new single- family house. The applicant is proposing to demolish the existing house and construct a new house. This lakeshore lot is lower in the street third of the lot, forming a bowl on the back end of the lot,which limits the building envelope of the lot. The new proposed home sits partially within the footprint of the existing home. The applicant is asking for variances to center the home on the lot,which creates a new encroachment into the 75-foot lake yard with the porch and corresponding hardcover. The applicant is also proposing to move the home back from 61 feet from the ordinary high-water level to 64.5 feet. To meet the average lakeshore setback,they would need to be 66 feet from the OHWL,which is the same distance as their neighbors to the south. The lot to the north is currently vacant. The new structure will consist of approximately 140 square feet of the single-story porch within the 75- foot lake yard and roughly 30 square feet in the average lake setback where no structure currently exists. Page 13 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. The Planning Commission should discuss whether the minimal encroachments are appropriate given the location of the existing structure and the distance of neighboring properties from the lake. The new home meets the structural and hardcover requirements. The applicant should also be required to meet the recommendations of the City Engineer. Landgraver requested a bird's eye view of this property and the neighboring property be shown. Oakden displayed an overhead view of the area and noted the current property is very similar to the neighboring properties on either side. Access is gained through the property to the north. Mark Williams,Applicant, stated he represents the property owners. Staff report states that the overall hardcover will be reduced but the number is incorrect. Williams indicated they will be doing a 5 percent overall hardcover reduction resulting in 25 percent hardcover. Williams noted in 2001 the neighbor was granted a variance. Williams stated the hill is very steep and oftentimes in the winter guests have to park on the street. Because of the location of the existing garage,there are times they cannot drive out of there and the new garage will be end-loading,which would allow for more room. The existing porch essentially is two stories and the new porch will be one story and pulled back three feet to help reduce the impact to the neighbor. Williams stated with the changes they will be reducing the massing and that the sketch shows the existing home and then the new home. Thiesse asked if they can pull it back to the 75-foot setback,which would be taking it back ten feet. Williams stated they have a concern with the existing topography,which is the main reason for the proposed location. Thiesse stated from the survey it appears that the existing garage is at about the center line of the cul-de- sac to the north and that the new house is back further than that. As a result,there will be quite a bit more room to maneuver. Williams stated given the number of issues they have encountered,they feel this is a good solution. Leskinen noted in order to meet the average lakeshore setback,they would only need to move it back about a foot. Leskinen asked if there is a reason why that setback cannot be met. Williams stated they felt their request was reasonable but that he will discuss it with his clients prior to the City Council meeting. Page 14 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Schoenzeit commented they would have more usable backyard if the house is moved further back and would be in conformity with the 75-foot line. Williams stated they would be happy to consider that and that in his view it would be a pretty minor adjustment. Williams stated he believes the property owners would be agreeable to that. Mary Enger,property owner, stated the house originally belonged to her parents and that they are attempting to maintain the essence of the home for sentimental reasons. Enger stated they attempted to meet the side yard setbacks and that they are only looking to add some features that would make it safer and allow them to have visitors easier. Enger indicated she has a large family and they spend a lot of time in the front porch,which is why they would like to keep it close to the house. Landgraver asked if Mr. Williams has any response to the City Engineer's comments. Williams stated they are aware of it and that they understand the issues. Williams stated they understand they will need to meet the engineer's requests,but they will have to sit down with everyone to resolve that. Landgraver suggested that be resolved prior to proceeding to the City Council. Williams asked if they could make the permits subject to that being resolved in the event the neighbors are not around. Thiesse stated the City Council will need to be made aware of that. Thiesse noted the neighbor has expressed a concern about the drainage. Williams stated when the landscape architect becomes involved,they will discuss that and create a drainage plan. Williams noted the basin area turns into a skating rink on this property and that the neighbor is attempting to sell his lot. Chair Thiesse opened the public hearing at 7:51 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:51 p.m. Schoenzeit stated in his view the Planning Commission should make the recommendation that the house be relocated behind the average lakeshore setback line. Page 15 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Landgraver indicated he is in agreement. Lemke stated he has issues with the 75-foot setback,especially since this is a clean sheet design. Thiesse noted the applicants are making improvements overall to the situation. Landgraver stated he sees the driveway as a practical difficulty. Schoenzeit stated the Planning Commission does not have a good contour of where the bowl starts. Thiesse stated the existing garage is very close to the contours of the new home. Thiesse stated by forcing a person to build their house ten feet back,they may lose their lake sightline because they are being forced back,which is a practical difficulty. Leskinen stated she can accept the encroachment within the 75-foot zone but not within the average lakeshore setback. Leskinen stated she can appreciate the sentiment of wanting it similar to what it was before,but that she can find no practical difficulty for the encroachment,particularly since the lot next door is vacant,which is more reason to pull it back a foot and a half. Oakden noted if the proposed house is moved to the 66-foot mark to where the existing house is,the line would be drawn there,and they would be subject to the average lakeshore setback or the 75-foot line, whichever is more restrictive. Schoenzeit stated if they split the difference, it would be 69 feet. Thiesse stated at the end of the day, it is likely the properties will be at 66 feet. Leskinen commented they could also build in-kind. Thiesse stated they are improving the situation. Lemke stated he still has a concern with the encroachment into the 75-foot zone. Leskinen moved,Schoenzeit seconded,to recommend approval of Application No.LA18-000019, Mark Williams,2697 Casco Point Road,granting of a 0-75 foot lake setback variance,hardcover variance,lot area and lot width variances,subject to the conditions of the City Engineer,and to recommend denial of the average Lakeshore setback variance.VOTE: Ayes 5,Nays 1,Lemke opposed. Page 16 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. 7. LA18-000020 KUHL DESIGN,2280 FOX STREET,CONDITIONAL USE PERMIT,7:58 P.M.—8:04 P.M. Dan Murphy,Applicant,was present. Curtis stated the applicant is requesting a conditional use permit to construct a pool building with the installation of a full bathroom, including shower. The building will be used seasonally and is a permitted use. The bathroom facilities require a conditional use permit. A conditional use analysis was provided in the staff report. Staff did receive a phone call from a neighbor who had some questions about the proposal, but no formal concerns have been submitted. Staff recommends approval of the conditional use permit conditioned upon septic system compliance and the property owner's agreement to the filing of a covenant in the title of the property providing that the accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by this Code; used as a dwelling unless a guest house conditional use permit is obtained; or if rented, leased or otherwise provided for use as a dwelling under any circumstances. The Planning Commission had no questions for Staff. Dan Murphy,Kuhl Design Build, stated he knows one of the concerns for a conditional use permit is that the structure will be used as a dwelling. Murphy noted none of the walls are insulated and that there will be a sliding screen that goes up and down on the posts. In addition,there is no heat supply to the structure and as a result it can only be used during the summer. Murphy stated the structure will be strictly for pool use only. Murphy noted they are on track for septic approval and that the property owners have already paid for the septic and the money is in escrow with the City. Murphy indicated they are fine with the covenant. Murphy stated the neighbors down the road were talking about doing some pine tree landscaping along the roadway to make it more private and that he talked to the homeowner about it today. Schoenzeit asked how they can drain a chlorine pool with a septic system. Murphy indicated the pool is not drained and that it will be covered in the winter. Chair Thiesse opened the public hearing at 8:03 p.m. Page 17 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:03 p.m. Thiesse stated it appears the applicants are addressing the septic and that all the other issues are resolved. Leskinen moved,Lemke seconded,to recommend approval of Application No.LA18-000020,Kuhl Design,2280 Fox Street,granting of a conditional use permit. VOTE: Ayes 6,Nays 0. (Recess taken from 8:04 p.m.to 8:07 p.m.) 8. LA18-000023 CITY OF ORONO,AMEND ARTICLE XI OF THE CITY CODE RELATED TO WETLANDS AND WETLAND SETBACKS,8:04 P.M.—8:19 P.M. Barnhart stated this application deals with a review of wetland setback requirements. Last year the Council elected to change the wetland delineation requirements but did not elect to change the wetland setbacks. Last fall the City Council directed Staff to review an ordinance that would consider adjusting the setbacks. Barnhart indicated the first time the setbacks were reviewed by the City Council there was some confusion between setbacks and buffers. Setbacks are established by the City and prevent construction within a certain area, such as a front yard setback or side setback. The Watershed District establishes a buffer in certain circumstances, usually at the time of platting or at the time a new house is being constructed,and at that time they will usually require wetland delineations and buffers. In addition to certain setbacks,no grading, fertilizers or structures are allowed within the buffer. As it relates to this proposed change,the amendment only addresses setback. Based on Council direction, Staff put together a draft ordinance with the goal of making it easier to understand. Some sections of the current code were removed that Staff did not feel apply. In addition, Staff attempted to try to simplify what the requirement is in terms of separation of a structure from the wetland delineation. Staff is proposing that if the Watershed District requires a buffer,that that be the separation between the improvement and the wetland. Orono currently has that buffer as well as an additional 10-foot setback,which Staff is proposing be removed under this text amendment. Barnhart stated when a buffer is not required,which applies primarily to decks and accessory structures that do not trigger Watershed rules,the City has a current setback of 35 feet. That setback comes from a Page 18 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. 10-foot separation as well as the 25-foot setback. Staff is now proposing a 25-foot setback,which removes that extra level of setback that many cities do not require, Staff also proposes removing the table that talks about the type of protection classification for the wetland,the description, and the additional protection. Since that is regulated by the Watershed District, Staff felt it was redundant. Barnhart stated at this time Staff is looking for a recommendation from the Planning Commission to take to the City Council. Schoenzeit stated the extra 10 feet was added to help in situations where there was a door leading out to the back yard and there was a buffer. Schoenzeit stated the extra 10 feet was designed to give the homeowner some extra room and this seems to take that away. Schoenzeit suggested Staff consider adjusting it for a door going out to that area. Schoenzeit stated if the door is on the side of the house and not next to the buffer area,they might not need that extra room. Thiesse noted it was the City's request previously to add that extra 10 feet. Schoenzeit stated that extra 10 feet provides additional protection to the wetland buffer. Thiesse stated they could also state that no door is allowed into that area. Barnhart stated the Watershed District's sole purpose is to protect the wetland,and it was the thinking that if the Watershed District does not require an additional setback to the buffer,why should the City. Thiesse stated the minute something is allowed right next to that buffer, activity is going to start to occur within the buffer because there is a need to maintain someone's property. Landgraver noted in the past the Planning Commission has recommended the additional protection be added. Schoenzeit stated it is similar to the 75-foot zone rather than a 50-foot setback. Thiesse stated his concern is if the 10 feet is removed,all that accomplishes is that the structure is moved up to that buffer and the City now has something they cannot enforce. Barnhart stated the homeowner can walk in that area but they cannot mow or add fertilizer. Barnhart stated to some degree it is not the City's rule to enforce and it falls to the Watershed District. Page 19 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Schoenzeit commented if it is not broken,there is no need to fix it. Thiesse asked if the City has received a number of requests to go within the 10 feet. Barnhart stated it is his understanding that there are a number of residents who have spoken to elected officials about the extra setback but that he does not have any hard data about that. Landgraver commented the City needs to balance what Orono has stood for in the past and the requests from a couple of residents. Landgraver stated he believes the 10-foot setback was a reasonable enhancement and that he has not been convinced that anything has changed. Leskinen concurred that if it is not broke, it doesn't need fixing. Leskinen stated the City has the variance process if there is a need to encroach into the 10-foot setback,and that if it is just a handful of people, she would be reluctant to change what is in place currently. Schoenzeit stated it might be compelling on a small lot but that can be looked at through the variance process. Thiesse noted it was determined it was a problem previously,which is why it was established. Chair Thiesse opened the public hearing at 8:18 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:18 p.m. Lemke stated it should be looked at on a case-by-case basis. Lemke moved,Schoenzeit seconded,to recommend denial of Application No.LA18-000023,City of Orono,Amend Article XI of the City Code Related to Wetlands and Wetland Setbacks. VOTE: Ayes 6,Nays 0. 9. LA18-000024 CITY OF ORONO,TEXT AMENDMENT TO SECTIONS 78-1 AND 82-2 RELATED TO ZONING AND SUBDIVISION DEFINITIONS,INCLUDING IN-KIND,DRY BUILDABLE,AND OTHERS,8:19 P.M.—8:27 P.M. Barnhart noted Staff is not asking for a recommendation at this point and that the Planning Commission will be reviewing this again more thoroughly in a month. Staff is currently in the early stages of Page 20 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. clarifying some definitions to help clarify issues,and from a usability standpoint, Staff has identified seven or eight definitions that are used daily but may not be thoroughly defined. Barnhart stated Staff is looking at family and dwelling definitions due to the new rental house ordinance. In addition,the City currently has a defined unit for animal but Staff is seeing more requests for how many goats or chickens are allowed,which is not defined in the ordinance and should be clarified. Also included in the City's definitions is building height,which includes the location of the top most window. Building height is also used to determine massing. Barnhart stated it comes down to the question of what impact the highest window has on massing,and so Staff is proposing to cut that last sentence. Barnhart stated the change might have a marginal impact on height but the overall height limit will remain at 30 feet. Also being reviewed are the definitions for cornice and dry buildable. Dry buildable is important when considering plats and subdivisions and is part of the process in RPUD calculations. Barnhart indicated that should be included in the code. Landgraver asked why it is not just considered buildable. Curtis stated buildable area is used sometimes in setbacks. Barnhart stated dry buildable is a term that has historically been used and that he would prefer to leave it as is. Schoenzeit stated if someone has a 20-acre lot that is mostly wetland,the term dry buildable helps set the expectation that that portion of the property is not counted as buildable. Lemke asked if the buffer should be included in there as part of the equation. Barnhart indicated the wetland buffer, steep slopes, and bluffs currently are not included in the buildable area. Thiesse asked if setbacks are included. Barnhart indicated they are. Barnhart stated as it relates to dwelling,the code contains independent living, sleeping,housekeeping accommodations,and sanitary facilities for occupancy by one family. Barnhart stated this is important when talking about guest houses, guest apartments,and pool houses,and if any of those improvements predate that requirement, Staff would like to clarify what a dwelling is.A Page 21 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Another definition Staff is looking at is family. The historic family is married or related but that is not necessary the case currently. Landgraver noted it says blood and family,and recommended the word"or"be used rather than"and". Barnhart stated as it relates to in-kind,that is used in the context of replacement or nonconforming structures. The homeowner is allowed to replace what is existing and Staff tries to use the terms location, height and depth to help define what can be rebuilt. Barnhart noted the Planning Commission will see this item next week at the work session and then again as an ordinance amendment in April. Barnhart requested the Planning Commission send him any comments or suggestions they might have. The Planning Commission took no formal action on this item. 10. UPDATE ON FEBRUARY 12,2018,CITY COUNCIL MEETING Barnhart reported the majority of the items on the February 12 agenda were placed on the Consent Agenda and the meeting was relatively short. 11. PLANNING COMMISSION LIAISON FOR APRIL 9,2018,CITY COUNCIL MEETING: CHAD OLSON 12. OTHER ISSUES FOR DISCUSSION Lemke asked about the Planning Commission replacements. Barnhart indicated interviews are being conducted on Tuesday by the City Council and that the new commissioners will be sworn in prior to the April Planning Commission meeting. PLANNING COMMISSION COMMENTS None ADJOURNMENT Page 22 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY,MARCH 19,2018 6:30 o'clock p.m. Landgraver moved,Schwingler seconded,to adjourn the Orono City Council meeting at 8:31 p.m. VOTE: Ayes 6,Nays 0. ATTEST: John Thiesse, Chair Page 23 of 23