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HomeMy WebLinkAbout02-18-1986 Planning MinutesPLANNING COMMISSI0h MEETING TUESDAY , FEBRUARY 18, 1986 7 : 3 0 P.M. 1275 BROWN ROAD SOUTH - COUNCIL COUNCIL REPRESENTATIVE - Tim Adams ATTENDANCE SCHEDULED PUBLIC BEARINGS 1. 7:30 P.M. #1007 Robert & Carol Trapp 4701 West Branch Road Preliminary Subdivision 2. 7:45 P.M. #1008 John S. Pillsbury Jr. 315 Woodhill Road 3. 8:00 P.M. Zoning Amendment Section 10.41, #B-2 Lakeshore Business District 4. #1003 Hans G. Wei' •^r & Don Kempf 1125 & 1135 North Arm Drive Subdivision of a Lot Line Rearrangement Continuation of Public Hearing 5. #1004 William Ulrich 1535 & 1595 Bohn's Point Road Subdivision of a Lot Line Rearrangement Continuation of Public Hearing ACTION ITEMS 6. #842 Robert Zimmerman, 3415 Crysti Bay Road Variance - Second Review - Property owners re -notified 7. #967 & #968 John B. Idstrom, 2580 Fox Street Preliminary Subdivision & Conditional Use Permit - Continuation of Public Hearing 8. #990 Ward Ferrell, 3405, 3411 & 3415 Watertown Road Variance - Second Review 9. #999 Evan Meline, 3598 North Shore Drive Variance - Second Review 10. #1005 Ned, Inc., 1390 French Creek Drive Conditional Use Permit - Public Hearing 11. #1006 Chris & Dale Palm, 1710 Shadywood Road VaL iance - Public Hearing 12. #1009 William W. Wear, 2160 Wayzata Blvd. Variance 13. Final Review of Zoning Amendment - Original Public Hearing held August 19, 1985 PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 18, 1986 7:30 PM ADDITIONAL ITEMS 14. Planning Commission approval of December 'S. 1985 Minutes. 15. Planning Commission to select a representative to attend the March 10, 1986 Council Meeting. 13 tea0 � I ', I !Vr I : i 7Tti MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with the following members present: c'hai.rman Kelley, Taylor, Rovegno, McDonald, and Goetten. Absent: Sime and Callahan. The following represented the City staff: Building & Zoning Administrator Mabusth,? Assistant Zoning Administrator Gaffron, and City Recorder Peterson. #1007 ROBERT & CAROL TRAPP 4701 WEST BRANCH ROAR PRELIMIIiiARY SUBDIVS10N PUBLIC HERRING 7:30 - 7:42 Robert & Carol Trapp were present for this matter. The purpose of the public hearing was to consider the request for renewal of preliminary plat approval granted previously on 6/2/80 which was never completed by applicant. Assistant Zoning Administrator Gaffron explained the request which consisted of a 2 lot plat. He noted that each lct was in excess of the two acre minimum lot requirement and that there was an existing driveway serving the existing house which would be shared by the new lot. In response to Chairman Ke 1 1 ey's question, Assistant Zoning Administrator Gaf f ron stated that 3 horses are allowed on 5.45 acres. Assistant Zoning Administrator Gaffron noted that a variance would be required for the animal barn which is located 1 30' from the existing east property line and which will be located 701 from the proposed property line whereas 150' is normally required and this fact would be incorporated in the resolution if this subdivision were approved so that the future owner of T,ot 2 would be aware of the location of the animal barn. There were no comments from the public and the public hearing was closed. It was moved by Goetten, seconded by McDonald, to recommend approval of the preliminary subdivision subject to staff's recommendations. Motion, Ayes 5, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #1008 JOHN S. PILLSBURY JR. 315 WOODHILL ROAD PRELIMINARY SUBDIVISION -METES AND BOUNDS PUBLIC HEARING 7:45 - 8:03 Present for this matter was Henry Kingman and Robert Hartf ie 1, representing John S. Pi 11 sbury Jr.; and John Winston, representing Woodhill Country Club. ZONING AMENDMENT SECTION 10.41, #B-2 LAKESHORE BUSINESS PUBLIC HEARING 8:00 Zoning Administrator Mabusth explained the subdivision request for a Class I metes and bounds division of 42+ acres into 2 parcels. The larger parcel will go to the adjacent landowner, Woodhi 1 1 Country Club, and an eight acre parcel will contain the principal residence and a l l accessory structures for private ownership. Mabusth noted that all structures meet required lot lines. Regarding the existing guest house, Zoning Administrator Mabusth stated that it could meet the required 2 acre envelope and be divided off, but would not meet the public road requirement. Taylor questioned the use of a driveway that appeared to be used by the Pillsbury's and Carpenter's. John Winston stated that Mr. Carpenter has allowed Mr. Pillsbury the occasional use of it and it could be closed off but he see's no reason ;:o do so. Mike & Darlene Bla zek, 1230 Woodhi 1 1 Road, were present for this matter for informational purposes only. There were no comments from the public and the public hearing was closed. It was moved by recommend approval division subject Ayes 5, Nays 0. DISTRICT Rovegno, seconded by Goetten, to of the preliminary metes and bounds ..o staf f's recommendations. Motion, Chairman Kelley announced that this Public Hearing would be tabled until the March 17th Planning Commission meeting. N MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #1003 HANS G. WEILER & DON KEMPF 1125 & 1135 NORTH ARM DRIVE SUBDIVISION OF A LOT LINEE4ENT CONTINUATION OF PUBLIC HEARING 8:04 - 8:20 Mr. & Mrs. Hans G. Weiler were present for this matter. Zoning Administrator Mabusth explained the request for a lot line rearrangement which was previously approved in 1972 in order to build a new house at 1125 North Arm Drive but was never filed. Mabusth noted that Parcel C. which is acquired used as a part of Lots 22 & 31, will be Mabusth explained that Lot 6 is and staff recommends requiring an open space easement over this lot. actually a by Weiler. riparian lot Planning Commission reviewed with applicant the proposed lot combinations. There were no comments from the public and the public hearing was closed. It was moved by Chairman recommend approval of rearrangement subject to 1. Kempf to combine 31. 2. Weiler to combine C. 3. Weiler to City formally Weiler and relationship parcel), Kelley, seconded by Goetten, to the subdivision of a lot line the following conditions: Lots 23, 30 and rearranged 22 & Lots 20, 21, 32, 33 w2 th Parcel xecute special lot combination with approving riparian use of Lot 6 by recognizing special ownership (Lot 6 cannot be sold as separate Motion, Ayes 5, Nays 0. #1004 WILLIAM ULRICH 1535 & 1595 BOHN'S POINT ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT CONTINUATION OF PUBLIC HEARING 8:25 - 8:48 Representing Mr. Ulrich was his attorney, Halbert, Also present in Mr. U 1 ri ch's behalf Gronberg, John L. Noble, and Don Brauer,, Gregory T. were Mark Goetten questioned why this application was being submitted without the entire plan as requested by the Planning Commission back in November. She stated that would not be willing to approve anything until the i1 picture was presented for review. 3 MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #1004 WILLIAM ULRICH continued Zoning Administrator Nia busth stated that the Conditional Use Permit application was not before the Planning Commission at this time, only a request for a lot line rearrangement and that there is nothing in the ordinance tc prohibit application or consideration of the subdivision as a separate application. Planning Commission may take formal action to table pending receipt of the conditional use permit application for the illegal fill. Zoning Administrator Mabusth briefly explained the request and noted that each parcel appears to satisfy the standards of the zoning district and staff recommends approval of the lot line rearrangement. Rovegno stated that he would like to see the entire plan of the property but feels denial of this request would be inapppropriate because it meets the standards. Chairman Kelley questioned haw the Planning Commission could recommend approval of subdivision when the conditional use permit for fill has not yet been satisf ied . Attorney Gregory Halbert stated that the subdivision application is separate conceptually from the other issues being dealt under the conditional use permit. There were no comments from the public and the public hearing was closed. It was moved by Goet Cen, seconded by Chairman Kelley, to table this matter until the April Planning Commission meeting or until information needed is received. Motion, Ayes 5, Nays 0. #842 ROBERT ZIMMERMAN 3415 CRYSTAL BAY ROAD VARIANCE - SECOND REVIEW PROPERTY OWNERS RE -NOTIFIED Robert Zimmerman was present for this matter. Assistant Zoning Administrator Gaffron explained the request which was tabled in 1984 subject to applicant revising his plans. He noted that applicant has revised his plan to include a garage addition and proposes removal of existing hardcover resulting in net increase of 2.2% in 75-250' zone. McDonald stated that she felt it would be a nice addition to the neighborhood. 2 MINUTES OF T88 PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #842 ROBERT ZIMMERMAN continued Assistant Zoning Administrator Gaffron stated that there is no known opposition from the neighbors and all have been re -notified. It was moved by McDonald, seconded by Goetten, to recommend approval of the 3.5% hardcover variance in the 75-250' zone, conditioned on the applicant removing 2 areas of gravel and the existing detached garage structure. Motion, Ayes 5, Nays 0. #967 i #968 JOHN B. IDSTRON 2580 FOX STREET PRELIMINARY SUBDIVISION/CONDITIONAL USE PERM11 CONTINUATION OF PUBLIC HEARING 8:53 - 9:07 John B. Idstrom and David this matter. Mr. Idstrom's also present. y. Ostreim were present engineer, Mark Gronberg, f or was Assistant Zoning Administrator Gaffron explained the request for a two lot subdivision (there are no houses on the lot presently) creating a new building sites. He noted that both lots meet the 2 acre dry buildable minimum and standards for septic: systems. He also noted that there is a potential for a future 3rd lot which would also meet the 2 acre requirement. It was noted that applicant is requesting approval for the driveway to access onto Fox Street to serve both proposed building sites. Planning Commission discussed the proposed driveway which will cross the designated wetland in order to access the rear building site. It was noted that. the Watershed District has approved this crossing. There were no comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by Taylor, to recommend approval of the preliminary subdivision and conditional use permit subject to staff's recommendations. Motion, Ayes 5, Nays 0. #990 WARD FERRELL 3405, 3411 &3415 WATERTOWN ROAD VARIANCE - SECOND REVIEW Ward Ferrell was present for this matter. Assistant Zoning Administrator Gaffron explained that this application was reviewed approximately 6 months ago on an appeal basis giving the applicant a general idea regarding the City's policy regarding situations of three contiguous substandard lots in common ownership. 5 MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #990 WARD FERRELL continued All the Planning Commission with their opinions stated Planning Commission meeting, be allowed a total of only 2 members basically concurred at the November 18, 1985 that this property should buildable lots. Mr. Ferrell stated that the City of Orono requested him to divide the property back in 1958 so there would not be future problems with building another home, and that this fact should be honcred. He also noted that when the zoning changed from a 1 acre to a 2 acre zoning district, he was told that this would not affect existing lots. Assistant Zoning Administor Gaffron reviewed the history of zoning changes in that area from 1 9 0 to 1984. He noted that the proposed lots meet the criteria required of lots in single separate ownership based on the 1975 zoning code, but a density issue and setting a precedent are open, because these are substandard lots in common ownership. It was moved by Chairman Kelley, seconded by Taylor, to recommend denial of the 3 lots because they do not meet applicable zoning code criteria. Motion, Ayes 2, Nays 3. Motion dies. Rovegno, McDonald, and Goetten voted nay. Rovegno stated that he felt this is a difficult decision because it seems that 3 lots would have met code requirements up until a few years ago. McDonald stated that because of the many years of ownership by applicant, it would be inappropriate to deny. Goetten concurred with McDonald in this matter and stated that 2 lots would be acceptable. It was moved by Rovegno, seconded by Goetten, to recommend denial of 3 lots but could recommend approval of a total of 2 properly laid out bui lding sites and recognizes the efforts, time and reliance the applicant has put in his 1958 application but still recommend denial of 3 lots. Motion, Ayes 5, Nays 0. #999 EVAN MELINE 3598 NORTH SHORE DRIVE VARIANCE - SECOND REVIEW Benn Belden, being half owner of the property, was present for this matter. He noted that Evan Meline was unable to be present because he is in Europe. This application was Planning Commission could firm -up plans to Hennepin County. 19 tabled from the December 16, 1985 meeting, so that the applicants purchase additional property from MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #999 EVAN IyELINE continued Mr. Belden stated that the County intends to sell some portion of the adjacent property at a public sale in March, at which time they plan to bid on the property. Assistant Zoning Administrator Gaffron reviewed the plat map indicating the parcel of property Hennepin County intends to sell. He further explained the variances which would be necessary with -he proposed plan whether the applicant acquires additional property or not. McDonald questioned Mr. Belden on when the existing hazardous foundation will be removed. Mr. Belden stated that the foundation is presently capped and will be removed as soon as possible, weather permitting. He noted that the delay has been Mr. Me 1 ine's absence and the weather. McDonald stated that any new residence being built should be built within the boundaries of the existing foundation and would not be in favor of granting any variances enfringing on the Fegers property. Goetten stated that she would not approve the application as presented, but acquisition of the additional property may affect her decision. Rovegno stated that it is a problem lot in that if applicant was not allowed to build, it would '-)ecome a maintenance problem, however, if the additional property were acquired, a modest dwelling could be built within. limitations. Chairman Kelley stated he has a very hard time approving this as being a buildable lot. McDonald agreed with Chairman Kelley. Taylor stated he would be willing to consider a proposal for construction of a new house under one of two conditions 1 ) i f the adjacent property cannot be purchased, consider a structure no larger than the one thats been there 2 ) if the adjacent property to the west can be purchased, consider a proposal similar to the one in concept presented at the December meeting. Taylor noted that the current owners purchased the property as if mid -January. McDonald stated that someone should be fined for not complying with the resolution ordering removal of the foundation. rA MINUTES OF THE PLANNING COMMISSION MEETING HELD FRBRUARY 18, 1986 #999 EVAN MELINE continued It was moved by Goetten, this application until secured. Motion, Ayes 5, #1005 NED INC. 1390 FRENCH CREEK DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 10:02 - 10:15 Ned Dayton #1006 CHRIS & 1710 SHADYWOOD VARIANCE PUBLIC HEARING seconded by McDonald, to table acquisition of property is Nays 0. was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit to excavate a pond. He noted the City Engineer Cook has reviewed it and feels that the proposed grading may have little effect on the algae problem but- will provide a suitable duck nesting area. Cook recommends a timber baffle structure be installed to eliminate floating debris from moving downstream and placement of silt fence at the outlet during construction. McDonald stated she has concerns with the disturbance of land involving approximately 230 truckloads of sediments and nutrients. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Goet ten, recommend approval of the to recommendations by permits required by the Ayes 5, Nays 0. DALE PALM ROAD seconded by Chairman Kelley, to Conditional Use Permit subject the Engineer and subject to Watershed District. Motion, 10:15 - 10:49 Assistant Zoning Administrator Gaffron submitted a letter from ,lack F. Rhode, non-resident owner of the property located at 1690 Shadywood Rd., indicating his feelings and suggestions regarding any development being done at 1710 Shadywood Rd. Assistant Zoning Administrator Gaffron explained the request for a hardcover variance to construct an addition and attached garage. (2% increase in 0-75'; 6% increase in 75-250' ). Chris Palm was present for this matter along with their agent Henry D. Lindner. 0 MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #1006 CHRIS DALE PALM continued Mr. Lindner stated that they were open to suggestions and their main concern was to be able to bring a 1940's house to a livable size & condition. Assistant Zoning Administrator Gaffron noted that there was no average setback problem. Planning Commission would like applicant to submit a final plan eliminating some of the concrete, and reducing the amount of proposed hardcover in the 0-751 . Planning Commission reviewed the possibilities and suggested removal of some portions of hardcover. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by ChO i rman Ke 1 1 ey, seconded by Goetten, to recommend approval: variance to allow 0-7 5' hardcover addition subject to r -mova 1 of 0-7 5' existing structures to the north & east (A, B, & C) ; and variance to allow maximum of 30% (3,078 s.f.) hardcover in the 75- 250'zone; subject to a final proposed site plan being submitted before the Council meeting for staff review. Motion, Ayes 5, Nays 0. #1009 WILLIAM W. WEAR 2160 WAYZATA BLVD, VARIANCE Bill Wear was present for this matter, Zoning Administrator Mabusth submitted a final sketch of the proposed -ign, It was moved by Chairman Kelley, seconded by Goetten, to recommend approval of a variance to the moritorium for the property located within the Hwy. 12 corridor. Motion, Ayes 5, Nays 0. FINAL REVIEW OF ZONING AMENDMENT -- ORIGINAL PUBLIC HEARING HELD AUGUST 19, 1985 It was moved by Rovegno, seconded by McDonald, to table this matter at this time and schedule a special meeting date of Thursday, February 27, 1986, at 7:00 PM, at the Council Chambers to review this matter. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES DECEMBER 16, 1985 It was moved by Goetten, seconded by Taylor, to approve the Minutes of the December 16, 1985 Planning Commission meeting as submitted. Motion, Ayes 5, Nays 0. 9 MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 PLANNING C01-if :.ISSION REPRESENTATIVE Chairman Kelley will attend the March 10, 1986 Council Meeting, ADJOURNIUM 11:00 PM It was moved by Chairman Kelley, adjourn the Planning Commission Motion, Ayes 5, Nays 0. 10 seconded by Taylor, to meeting at 11:00 PM.