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. (#02-2788 BRAD AND CAROL PASS, Continued) reviewed the plans and noted in his letter dated May 21,2002 that the proposed driveway entrance is the only location along the roadway frontage where access can be permitted for the property. With regard to staff recommendations,Weinberger recommended approval of the preliminary plat and wetland alteration variance for the shared driveway based on six findings and 9 recommended conditions as cited in the staff report. Weinberger read a letter received from the neighbors Lisa and Tom Buettner, 325 County Road 19, which expressed their concern over the proposed use of the property. They noted that the land designated for"conservation"has been over run by minibikes and ATV's and cautioned the Commission to investigate the proposed use of the land. Attorney Chuck Alcon,representing applicants Brad and Carol Pass, offered comments pertaining to the staff report. He stated that with regard to the second driveway for a neighboring property located at the north end of the Pass property,the applicants will be asking the neighbor to relocate their driveway access onto their own property rather than granting them an easement. Mr. Alcon continued that his clients are confused by Hennepin County's request for 60' from the center line when the City Engineer's earlier report recommended 33'. Unless this is intended to be a very large trail at some point,they don't understand the need for the additional 27'. After speaking with Dave Zetterstrom this afternoon,who stated that he was unsure why the request was for 60' was made since the City has no trail planned there,Mr.Alcon recommended they stay with the 33' standard. He believed that this would have less impact on the wetland. With regard to the staff report on Page 4, item 4,Mr. Alcon stated that the Pass' are currently working with the Hennepin Conservation District for the conservation documentation for Outlot B,with the access to Outlot B from the east. He requested that the Commission allow the Pass' to complete the process with HCD and present this to City Council with the final plat. Mr. Alcon stated that there are virtually three things going on with this overall property acquisition; first there is a 1031 "like exchange"process taking place on a portion of this property; second, Mr. Alcon noted that, in his opinion,the Pass' are attempting to do something wonderful for the City of Orono by providing this conservation easement over this critical piece of property,there are tax ramifications included in these discussions; lastly,the conservation easement that will be place over outlot B precludes any right of way going from left to right, and the City has approval rights with regard to the property to the right should it ever develop to a buildable lot. Mr. Alcon requested in reference to item 7,page 4, that the Pass' be allowed to record the conservation easement over outlot B with access from the right of the overhead at the time of the final plat and hold the recording of the conservation easement of the second piece in order to comply with the 1031 exchange and IRS tax concerns. Mr. Pass stated that it is not he or his that are riding their ATV's and minibikes on the property and he will continue to look into the problem. They do not plan to build anything on the wetland. Outraged by the activity on Outlot B,Mrs. Pass stated that this has always been a problem. Even with posted signage, snowmobilers and others feel free to utilize their land with no regard. She continued that PAGE 17 OF 29