06-17-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 17,2002 6:30 o'clock p.m. (#02-2793 REVIS STEPHENSON III, Continued) Mr. Stephenson argued that the reasoning behind his denials are not due to the fact that they are not reasonable,but that they were not approved ahead of time. He questioned if he had come to the Commission with his neighbors to apply for a CUP to clear and fill the area originally would he have been granted approval,he argued yes. Smith disagreed, and stated that the Commission likely would not have approved the way it was done. Rahn stated that the approval had required a 15' setback to the sides, and he is currently in his neighbors property,which already reflects a 30' encroachment without ever going to the neighbors. For this, and other reasons,he argued that the Commission would not have given approval to the variances as Mr. Stephenson believed. Bellows moved,Fritzler seconded,to deny the After-the-Fact Conditional Use Permit and Variance for Application#02-2793,Revis Stephenson III, 1850 Fox Ridge Road,for additional fill to be added to his property at slopes beyond what was recommended and the placement of soil on neighbors property. It is further recommended that all three staff recommendations are followed and items#1 -5 of the subsequent staff conditions. VOTE: Ayes 6,Nays 0. (Recess taken from 8:58-9:05 p.m.) SCHEDULED PUBLIC HEARING-8:00 P.M. (#9) #02-2788 BRAD AND CAROL PASS,250 NORTH SHORE DRIVE WEST,PRELIMINARY PLAT 9:05 p.m.- 9:42 p.m. Brad and Carol Pass,Applicants, and Chuck Alcon, Project Manager, were present. Weinberger explained that the applicants have applied for a preliminary plat of the 14 acre property at 250 North Shore Drive West allowing it to be divided into two building sites, shared driveway, and conservation outlot. While the property owners own 20.5 acres immediately east of the property, for a total of 34.5 acres, if the potential exists for future development a right of way should be considered. The general site plan meets all requirements for a front lot/back lot subdivision. Weinberger continued that the shared driveway also meets the minimum requirements. He added that Outlot B is planned to be part of a much larger conservation easement area that will be dedicated to the Hennepin Conservation District. The Hennepin Conservation District would maintain and manage the conservation area. While Hennepin County has requested a land dedication totaling 60' from the center line of C.R. 19,the City has not always required the land dedication for additional right of way. In fact, Weinberger explained,that no other areas along this right of way are dedicated more than 33', and this might infringe on the current wetland area. Weinberger stated that a variance is required to permit land alteration in a designated wetland for driveway construction. Dave Zetterstrom, Entrance Permit Coordinator for Hennepin County,has PAGE 16 OF 29