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HomeMy WebLinkAbout05-20-1974 Planning Commission MeetingMINUTES OF THE REGULAR PLANNING COMAISSION MEETING, MONDAY, MAY 20, 1974, 7:30 P.M. The meeting was called to order by Chairman VanNest at 7:40 PM. All members present with exception of Kallestad and Elliott. Fred Curtis moved, Paul Pesek seconded, that the Minutes of the April 15, 1974, Planning Commission meeting be approved. Ayes (7) Nays (0). Chairman VanNest opened the Public Hearing at 7:42 P.M. regard - Harold Anderson ing a subdivision of 2 acres off from a 10 acre tract legally Subdivision _ described as Plat 41360, Parcel 1412. The Zoning Administrator presented the Notice of Public Hearing, the Certificate of Mail- ing, and the Affidavit of Publication. The Planning Commission agreed that a simple subdivision with a variance for the setback of the barn and for a 1.9 acre lot is justified and all future property owners will buy the property with full knowledge of the location of this barn. If Mr. Ander- son were to comply with the strict letter of the law, he would create a lot with an unusual and undesirable shape. After all persons were afforded an opportunity to be heard, the Public Hearing was closed at 7:45 P.M. Kuliberg moved, Curtis seconded, that the simple subdivision with a variance for allowing a 1.9 acre lot and a variance from the required 150' setback for a stable be granted conditioned on the payment of a 5% park fee on the 2 acre site, and that the remaining 8.1 acres be combined with the property to the east. Ayes (7) Nays (0). Chairman VanNest opened the Public Hearing at 7:45 P.M. for the Hugh Harrison property legally described as Plat 41620, Parcel 3000. The Subdivision Zoning Administrator presented the Affidavit of Publication, the Notice of Public Hearing, and the Certificate of Mailing. The Zoning Administrator explained to the Planning Commission that the staff felt that it was essential that a public right - of -way be provided to the proposed 2.5 acre parcel, and that the narrow strip of land which provides lake access should be widened from 30' to 501. Mr. Lahti - What would be the purpose of extehding Long Lake Blvd. as a public road, and how would it be done since the pro- posed lot is separated from the public road right -of -way at the present time by a private easement? Mr. Harri'son - Since I do not anticipate subdividing my property in the future, 1 see no need for providing a public road. in add- ition, I would be willing to .widen the 30' strip, but I would like to keep it as narrow as possible. Commissioner Gasch - Although the property to the east of this is marsh, establishing a standard of 50' of lakeshore as being the minimum allowed seems reasonable. Since the marsh lakeshore property to the east of the 30' strip cannot be that valuable, it would seem approp- riate that we require Mr. Harrison to provide 501 of lakeshore. Minutes of the regular Planning Comi�i i ss i on ;Meet i n j i Monday, ;•lay 20, 1974. After all persons were afforded an opportunity to be heard, the Public Hearing was closed at 8:00 P.M. Val Elliott entered the Council Chambers at 8:00. VanNest moved, Gasch seconded that the subdivision be approved conditioned on the 30' strip to the lake being widened to 50' and that the Harrison's pay a 5% raw land value for parks on the 2.5 acre parcel. Ayes (8) Nays (0). Chairman VanNest opened the Public Hearing at 8:30 P.M. regard- ing the vacation of 11ailace Avenue legally described as lying between Bayview Place and Lot 44 of Wallaces Addition to the Village of Minnetonka Beach. The Zoning Administrator present- ed the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of Mailing. The Zoning Administrator referred both his memo and the memo of the engineer which states that we can see no advantage to the City in vacating this street at this time. 14r. Matson - The house is so close to the right -of -way right now that it would be impossible for Orono to construct an ad- equate road within the road right -of -way. in addition, in ord- er to build a garage on the lot, it is essential that the right - of -way is vacated. After all people were afforded an opportunity to be heard, the Public Hearing was closed at 8:40 P.M. Curtis moved, VanNest seconded, that the application for a street vacation by Mr. Matson be denied because no public cause would be served by vacating the road. Ayes (8) Nays (0). The Planning Commission agreed that it would be appropriate to be as lenient as possible with any requests that may be made by Mr. 'Matson as far as setback variances for a garage given the size of the lot. i�ir. Sidwell has applied to create 2 building sites on Lots 9 through 12 of Block 6, and Lots 10 through 13 of Block 7, Saga Hills Revised. The total area of the property involved is slightly less than 2 acres. The request involves a variance for the lot size of 1 lot and the lot width of both lots. The Planning Commission requested that the staff provide.the aver- age lot widths along Park Drive. Gasch moved, Kuliberg second- ed, that a Public Hearing be called for June 17, 1974. Ayes (8) Nays (0). Patine 2 Dale Matson Street Vacation James Sidwell Variance & Subdivision Minutes of the regular Planning Commission meeting, Monday, May 20, 1974 Page 3 The existing house on the Pirich lot was destroyed by a fire Michael Pirich' beyond repair. The lot is 15,000 sq. ft. in a 1/2 acre zone. Variance Elliott moved, Pesek seconded, that a variance be approved since this request involves a replacement of an existing structure and the fact that'all lots in this area do not conform with the 1./2 acre requirement. The approval is conditioned on compliance with the provisions in the new zoning ordinance which states that the home must be 75' from the lake provided that no build- ing may be located closer to the shoreline than the average dis- tance from the shoreline of existing residence buildings on ad- jacent and nearby lots. Ayes (8) Nays (0). The Burkhalter lot is 50' wide and 10,625 sq. ft. This lot is Burkhalter b Korthius located in a I acre zone with required lots of 1401. Mr. Burk- Variance halter purchased the lot and removed the existing structure which had an overhang that extended onto the neighboring prop- erty. The intention was to construct a new home on this site. Guthrie moved, Gasch seconded, that the variance for the lot width and lot area requirement be granted conditioned on the new structure maintaining a 751 setback from the lake provided that no building may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots, and that no side yard setback variances would be granted. Ayes (8) Nays (0). t4r. Dunn proposes to subdivide 2 acres off from a 5 acre tract in a proposed 2 acre zone. This subdivision would meet all the requirements for a 2 acre lot. Kullberg moved, Pesek seconded, that a Public Hearing be sched- uled for June 17, 1974. Ayes (3) Nays (0). Mr. Hirsch has submitted plans for the construction of a 2-car garage which would be 20' from the road and 10' from his side property line. This involves a variance since the zoning code states that a structure must be at least 30' away from the road right-of-way. If I-4r. Hirsch was to comply with this require- ment, he would have to remove 3 large trees from his lot. In addition, most garages along Ivy Place are located right along the road right -of -way with very little, if any, setback. Kullberg moved, Hake seconded that a variance allowing "a set- back of 20' from the road be granted for the garage. Ayes (8) Nays (0). The Berg property is located in an area designated for 5 acre lots. i4lr. Berg claims that the existing home at 4080 Bayside Road is surrounded by a ravine and a steep hill, and, therefore, the logical lot size would be something less than 5 acres. The property on the other side of this ravine and hill would more logically fit within a subdivision of land further to the north according to Mr. Dunn. Due to the contour of the land, 'Mr. Berg Hollis Dunn Subd-i v Is i -on Michael Hirsch Variance Clinton Berg Simple Subdivision .. Variance �i Minutes of the regular Planning Commission meeting, Monday, Play 20, 1974. claims that it would be a hardship to him to have to comply with the 5 acre minimum lot size, and, therefore, a variance would be appropriate. A contour map was to be provided before the next Planning Commission Meeting to allow a better determination as to where the best location might be for the lot line. Kullberg moved, Curtis seconded, that a Public Hearing be sched- uled for June 17, 1974. Ayes (8) Nays (0). Mr. Hollander, at the present time, has a garage that is located right on the road right -of -way. Mr. Hollander has submitted plans to relocate a new garage 22' from the North Arm Drive right-of-way. The plan indicates an irregular shaped structure which would in- fringe on the 75' setback requirement from the lake.. If that portion of the garage is a deck, then no variance is necessary, but if it is part�of the garage, a variance would have to be granted from that portion of the ordinance. VanNest moved, Kull - berg seconded, that a variance be approved as it would be an im- provement in the existing conditions with the stipulation that no portion of the structure be located closer than 75' to the lake and that the existing garage be removed within 30 days after the completion of the new garage. Ayes (8) Nays (0). The Zoning Administrator informed the Planning Commission that the Gagne project was placed on the agenda as an informational item and that no action should be taken until the comprehensive plan, or more specifically, the Plan Study Area for the property involved, is completed. Chairman VanNest informed the petition- er that the extension of the Hackberry sewer line had been de- leted from the present sewer project, and, therefore, the only possibility for their proposal is to run their sewage through the existing sewer line through Long Lake. The Zoning Adminis- trator was instructed to find out if capacity was available in the sewer line, and if so, how many uniis could be handled on the existing line. Mr. Nielson and Mr. Gagne suggested to-the Plan- ning Commission that they consider allowing approval of this project in stages so that they could get started as soon as pos- sible. Present plans call for starting the residential portion of the project first which would include apartments and townhouses across from the school complex. Curtis moved, Guthrie seconded, that this application be tabled until the Planning Commission can determine if sewer is available and until the comprehensive plan is completed. Ayes (8) Nays (0). Page 4 Richard Hollander Variance 11iIiiam Gagne Shopping Center Mr. Straley was informed that Orono is in the-process of re- writing Stan Straley its B -2 portion of the ordinance relating to lakeshore- commercial Marina License Appl;:., activities. In addition, the L.M.C.D. has placed a moratorium on the issuance of multiple dock licenses, and, therefore, the City cannot process the application at this time. Gasch moved, Guthrie seconded, to table the Straley application for a Marina License. (Ayes (8) Nays (0). Minutes of the regular Planning Commission Meeting, Monday, May 20, 1974 Page 5 Mq rk Whitehead, the City Attorney, appeared before the Planning Commission to explain some ordinances that he was requested to draft. One ordinance would prohibit the transferring of build- ing credits from any portions of non - conforming lots across public roads or public and private easements. Pesek moved, Gasch seconded that the Planning Commission recommend to the Council that the transfer of credits provisions be included in the new zoning ordinance. Ayes (7) Nays (0). Kullberg abstained. The lake setback requirement suggested by Mr. Whitehead would allow the community to impose more stringent requirements in ord- er to avoid a styllzed pattern in lake setbacks., The Planning Commission decided they should delay any decision on this par- ticular provision. Mr. Whitehead informed the Planning Commission that he was asked by several individuals to review the suit filed by North Shore Marina against the City of Orono and to determine what grounds the court used to void the Village's decision. `4r. Whitehead recommended to the.•PIanning Commission that if they consider "down zoning" any property, it should be part of a comprehensive plan and the rezoned land should be given a use that is reasonable in relation to surrounding land uses. The Zoning Administrator informed the Planning Commission that this request for a variance involved land that previously was platted into lots of 1.6 acres to 2.2 acres., The question is how will Orono handle these non - conforming lots. The staff rec- ommends that the ordinance be changed dropping the provision referred to as "single separate ownership, and in its place, use the standards established under the provision of "Lot of Record." Chairman VanNest felt that it is foolish to require people to apply for variances when in the end, most of them are granted. Instead, we should establish appropriate standards for the various zones and those lots that do not comply with the zoning ordinance but do conform to fhe established standards, there would not be a need for a variance. This would save staff time and the time of the Planning Commission and Council. Kullberg moved, Pesek seconded, that the Planning Commission rec- ommend to the Council that they adopt a provision referred to as "Lot of Record" for zoning districts RR -IA, RR -I13, and LR -IA with the minimum lot size being I acre rather than 3 /4'6dre. Guthrie moved, Curtis seconded, that the Planning Commission rec- ommend to the Council that they adopt a lot of record provision for zoning districts LR -113, LR -IC, LR -IC -I, R -IA, R -1,B, as was suggested by the Zoning Administrator. Ayes (7) Nays (0)._ Pesek abstained. Ordinances Transfer of Cred i f & Lake Setback North Shore Marin-i Zimmer & Dale Variance Lot of Record Ordinance A- > Minutes of the regular Planning Commission meeting, Monday, May 20, 1974. Page 6 Since the Council will be meeting the second and fourth Tuesdays of the month starting the end of May, the Plain"hing..Commission decided to change their work session night to the second Wednes- day of the month with the regular Planning Commission meeting remaining on the 3rd Monday of each month. The meeting'sched- uled for Thursday, May 23, 1974, to discuss the Comprehensive Plan was rescheduled for Wednesday, May 22, 1974, at 7:00 P.M. Commissioner Hake left the Council Chambers at 11:30 P.M. Chairman VanNest reviewed with the Planning Commission various "Ring Route" alternatives. The County Road 110- iniprovement in Ninnetrista is scheduled for 1977, but all otter segments of the County proposal would be a minimum of 5 years away. It was Chairman VanNest's suggestion that the City spend all their i4.S.A. funds on the construction-of a "Ring Route" and that the engineer should determine the most appropriate route. Kullberg moved, Curtis seconded, that the Planning Commission recommend to the Council that all M.S.A. funds be spent on link- ing the County Road 84 and 19 intersection with County Road 6. Planning Cor�Tnission Work Session Date Ring Route Chairman VanNest announced the creation of a committee of indiv- Committee For The iduals to study the B -2 zones in'the City of Orono. The follow- Revision of B -2 Zoe,, ing will be members of this committee: John Hake, Diane Dunlap; Walt Massengale, Brad,VanNest, Bob Searles, Paul Kempf, Charles KaIIestad, and Marge Gasch as Chairman. Pesek informed the Planning Commission that he had consulted Site Selection with Don Brandenberg from the Mound School District regarding Committee the Elizabeth Gardner School in the Navarre area. Although the building is larger than Orono needs at the present time, and the location is not central in relation to the area that the Police Department would have to serve, Mr. Pesek felt that it was worth further consideration. Commissioner Gasch suggested that we talk with Fred Poisson, former Chairman fof the PIannigg Commission, and ask him to review the existing City property to see if facilities that we would need couldn't feasibly be placed on the property that we presently own. Commissioner Kullberg presented the findings of the committee to Committee to Select the PLanning Commission. The committee's recommendation was that a Planning Commissior, John Guthrie be selected as the next Chairman of the Planning Chairman Commission. The item was to be placed on the June Planning Com- mission agenda at which time any additional nominations could be made and a vote will be taken. Guthrie moved, Pesek seconded, that the meeting be adjourned at 12:07 A.M. DJ14 Sec.