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HomeMy WebLinkAbout03-17-1986 Planning MinutesPLANNING COMMISSION MEETING MONDAY , MARCH 17 , 1986 7 : 3 0 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Tom Frahm ATTENDANCE SCHEDULED PUBLIC HEARINGS 1. 7:30 P.M. #1010 Duane N. Hall 1860 Shadywood Road Preliminary Subdivision ACTION ITEMS 2. #1011 Excelsior Bay Yacht Club, Deering Island Conditional Use Permit & Variance 3. #1012 Wayzata Country Club, 200 Wayzata Blvd. Conditional Use Permit 4. #1013 Ste-e Katainen, 3850 Shoreline Drive Commercial Site Plan Review 5, Zoning Amendment - Section 10.41, B-2 Lakeshore Business District ADDITIONAL ITEMS 6. Planning Commission approval of February 18, 1986 Minut.-s. 7. Planning Commission to select a representative to attend the April 21, 1986 Council Meeting. 1 • 1 I I :i . MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 17, 1986 ATTENDANCE 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Callahan, Bellows, Taylor, Goetten & Rovegno. McDonald was absent. The following represented the City staff: Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. Council representative Frahm was also present. #1010 DUANE N. HALL 1860 SHADYWOOD ROAD PRELIMINARY SUBDIVISION & PUBLIC HEARING 7:32 - 8:20 Zoning Mailing VARIANCE Administrator Mabusth noted the Certificate of and Affidavit of Publication. Zoning Administrator Mabusth reviewed the application for subdivision - lot line rearrangement to create a new building site. She reviewed the requested variances vs. the requirements of Lot A: Lot area 4.2 %, Lot width 29.5%, and Hardcover 5.3%; Lot B: Lot area 15.2%, Lot width 34.5 %, and Hardcover 5.7 %; Setback for accessory structure. ( Based on the assumptions of relocation of garage and shortened patio). Duane N. Hall was present for this matter and questioned why a second story deck would be considered hardcover. Assistant Zoning Administrator Gaffron stated that the City Council considers it hardcover because it has been found that it had a potential of having plastic or other :he materials underneath creating the actual hardcover. Technically, a case could be made that a deck with certain spacing etc. and ground underneath is likely to allow most of the water to drain through. Chairman Kelley stated that considering decks as hardcover has been the decision of the City Council and should not be made an issue at this time, it would be something applicant would have to discuss when the application goes before the Council* Mr. Hall indicated a difference in his hardcover calculations vs. staf f's calculation. His calculations show Lot A 1% hardcover variance and Lot B 0% hardcover variance. He noted that he would like to work with staff on this discrepancy. Zoning Administrator Mabusth stated that staff felt comfortable with their hardcover calculations. Chairman Kelley asked applicant to address his hardship(s) to base this request upon. 1 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 17, 1986 #1010 DUANE N., HALL continued Submitting a plat of properties to with. map, Mr. Hall indicated different sets use to compare his proposed division Regarding applicant's hardships, Mr. Hall stated that he envisioned living in a house on his extra lot and his hardship is living in a high density area where the bulk of the lots are substandard. Chairmar_ Kelley asked the public to address their feelings regarding this proposal. Glenn Tillotson, would like to go proposal and feels ordinances and not 1875 Shadywood on record as Orono should be "cave in". Rd., stated that he disapproving of the consistant with their John C. Ericson, 1620 Shadywood Rd., stated that he felt clearly platted lots with sewer and water should be allowed to be developed. He stated that if a property owner is not allowed to build on these lots they should be taxed only $1 for these unusable lots. Paul Taylor of 3611.' Colfax Avenue S., Minneapolis (not related to Planning Commission member Paul Taylor), representing his mother, Mrs. Durwood A. Taylor of 1880 Shadywood, re -stated their objections and concerns as noted in Mrs. Taylors letter regarding preserving the valley, view, and character of the neighborhood. In addition, he stated that any major excavation of appli- cants property would endanger at .least two of their trees. He noted that his late father's intent when he purchased the property in 1953 was to move into an area that had space and by paying property taxes on that space, preserve that space. He stated that compromise of the zoning ordinance would create a great incentive for others to follow suit. Mrs. Durwood A. Taylor stated that shortly after Mr. Hall purchased his property he approached her husband requesting to buy a 15 foot strip of property and was turned down. She noted that her late husband instructed her not to sell any of their property. She stated that Mr. Hall approached her again in January 1986 to encour- age Mrs. Taylor to sell some property. She stated that she has no intention of selling her property. John Ericson explained the past 40 years of changes that resulted in these 40-65' wide lots and he stated he does not see how the City can continue to deny these requests. 6 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 17, 1986 #1010 DUANE N. HALL continued In response to the Taylors comments, Mr. Hal 1 stated that he did in fact offer to buy some of Mrs. Taylors property but it would not solve his problem with zoning laws at this time. He also assured that no damage would be done to her trees. Chairman_ Kelley read into the record a letter to the Planning Commission dated March 14, 1986 from Milton & Doreen Seifert of 1856 Shadywood Rd., indicating their objections for the following reasons: 1)overcrowding on Crystal Bay 2'I substandard lot 3 )City should remain consistant with past actions 4)encourage others (setting precedent) to seek variances which would be in direct conflict with what the Commission and people wish to see .for the area. There were no other person present from the public regarding this matter and the public hearing was closed. Planning Commission member Taylor stated lie felt uncom- fortable with aggravating a situation that within a neighborhood already has a number of substandard lots, an area that appears to be con jested, and feels it is hard to deal with the concepts of grandf athering when there is no legal basis. He felt it was not an appropriate variance to approve. Callahan stated that he agreed with Taylors comments and staffs recommendation to deny. Rovegno agreed that he was uncomfortable wit': this app- lication noting that the material from Mr. Hall was persuasive along with Mr. Ericson's comments. He noted that one thing that troubles him about such applications is that if there had been a shack on a separate lot they would be approving it as a substantial property right. He noted staffs memo vs. Mr. Ha l l's material, it appears that either this lot is exactly like all the rest or very very different, something that should be recon- ciled. In addition, he feels that it is a small lot and a very difficult situation. Bellows stated that based on Mr. Ha l l's materials submitted she felt that the only hardship was a financial one which was not a valid hardship. She questioned the fact that Mr. Hall noted that his present house is too large but however the proposed house (501x40' 2-story plus basement.) appears to be larger than his present home. 3 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 17, 1986 #1010 DUANE N. HALL continued Mr. Ha 11 stated that he large of a house, that is indicated on his drawing. does not plan to build that merely the building envelope Bellows still questioned the lack of hardship involved and felt uncomfortable in that she finds no uniqueness of this situation which is needed to Yule on. Goetten stated that she understood applicant's concerns however she felt by approving this it would only make a bad situation worse and also found no hardship involved. Chairman Kelley concurred with the comments made by the other Commission members and felt that this lot was too substandard. It was moved by Taylor, seconded by Callahan, to recommend denial of this application based on the following: 1) Multiple variances sought are excessive. 2) Applicant has not submitted suf f icent evidence of a hardship which is unique to that particular circumstani . Motion, Ayes 6 Nays 0. Zoning Administrator Mabusth noted that this application would be presented before the Council at the April 14, 1986 meeting. #1011 EXCELSIOR BAY YACHT CLUB DEERING ISLAND CONDITIONAL USE PERMIT & VARIANCE PUBLIC HEARING 8:29 - 9:07 The Affidavit of Publication was noted. Representing the Excelsior Bay Yacht Club was Doug Klint. Zoning Administrator Mabusth explained that Deering Tr ia;ls- was designated as having 6.5 acres and approved as a cuffforming lot and privy all permitted and conditional use permits within the RS District. However, a recent survey of the island confirms that there are only 2.65 acres which would require an area variance of 2.35 acres or 47%. Doug Klint showed the original plat from 1913 which proved it to be 6.5 acres originally* He explained that the proposed plan is for a recreational area to be used by the Commodore Club of the Yacht Club, and that they intend to control the number of club members on the island. 0 MINUTES OF THE PLANNING COMMISSION MEETING HELD !MARCH 17, 1986 #1011 EXCELSIOR BAY YACHT CLUB continued Chairman Kelley indicated the number of people on the be out of Or_ ono' s control., concerns regarding policing island, noting that it would Zoning Administrator Mabusth suggested obtaining input from the Water Patrol regarding the policing concerns. Doug K 1 int stated that the Commodore Club is limited to 300 people and are generally 35 years and alder. He noted that they expected a small perce-ntage of that club to use the island. They plan to have the is ..and staffed from Memorial Day to Labor Day in a small office area with phone service. Callahan stated that he felt notification of the proposed use of Deering Island should be given to the Mound residents nearest to the island that would be affected, The Planning Commission felt that staff should contact Mound regarding this proposal. Callahan stated that fie had serious misgivings about the proposed use of this island and felt that there would be problems policing the number of people allowed on the island and he does not feel this application should be granted. Chairman Kelley stated that in addition to policing, the extra traffic and dockage should be addressed with the Water Patrol. Zoning Administrator Mabusth stated that staff has not received a site plan other than the location of proposed gazebo. Rovegno stated questioned what would be and he proposed limited that this island the alternative felt that based use is reasonable Bellows stated that she f e 1 t. that positive use with restrictions, limiting the use to 53 people it use other than for special events. is a record l o w and uses of this island on the options, the and appropriate. this was a potentially however she felt by would not be a viable Goetten stated that she felt this was a positive use but there are questions that needed to be answered Chairman Kelley stated that he felt this type of limited use was the best use for the island. 5 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 17, 1986 11011 EXCELSIOR BAY YACHT CLUB continued Callahan stated that he felt this was not a reasonable use in that the traffic would be extreme and they have no power to police the island. Assistant Zoning Administrator Gaffron noted that the septic site plan was realistic. Taylor stated that he felt that there were too many operation and logistical considerations to be ar�wered before making a decision other than denial. There were no comments from the public regarding this matter and the public hearing was closed. The following are the issues that the Planning Commission felt needed to be resolved: 1) Input. from Water Patrol regarding location and number of docks, impact of holiday weekends, end policing concerns. 2) Applicant to submit a commercial site plan including site plan for docks, and a specific plan for policing including after hours protection and fire protection. It was moved by Goetten, seconded by Chairman Kelley, to table this matter until the above issues are can be resolved. Motion, Ayes 6, Nay 0. #1012 WAYZATA COUNTRY CLUB 200 WAYZATA BLVD. CONDITIONAL USE PERMIT PUBLIC HEARING It moved by Ro vegno, seconded by Chairman Kelley, to table this matter upon staff recommendation pending additional information. Motion.. Ayes 6, Nays 0. #1013 STEVE KATAINEN 3850 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW Zoning Administrator rlabusth explained the proposal for an 80' x 85' (6800 s.f. ) structure for the use of furniture sales/new furniture storage. She noted that there are no problems with the setbacks, but advised Planning Commission of the drainage/retention problems within the watershed. New development must not create drainage problems for Spring Park residents to west. no MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 17, 199b #1013 STEVE RATAINEN continued Steve Katainen, applicant and owner of Furniture Minnesota, was present for this matter. He stated that he would have no problem with altering hiE, plan to meet the drainage concerns of the local watershed and any other conditions required by the City. He explained that he proposes a small neighborhood furniture store. It was moved by Goetten, seconded by Ke 1 ley, to recommend approval of the Commercial Site Plan subject to all requirements being met. Motion, Ayes 6, Nays 0. ZONING AMENDMENT SECTION 10.41, B-2 LAKESHORE BUSINESS DISTRICT CONTINUATION OF PUBLIC HEARING The affidavit of publication was noted. In addition, it was noted that a 1 1 7 Marinas in Orono were sent a copy of the proposed amendment. Assistant Zoning Administrator Gaffron reviewed the proposed amendments to Municipal Code Section 10.41 intended to provide for regulation of commercial operations in the B-2 Zoning District via a conditional use permit and variance procedures, so that tht commercial marina licensing provision of Section 5.42 can eventually be eliminated. Attorney Bruce Douglas was present for this matter representing North Shore Drive Marina and Chaska Marina. Larry Hork, owner of North Shore Dr ' ve Marina, was also present. Due to the importance of the proposed amendment in relation to the marinas, and that some of the marina owners may still be on winter vacation and did not receive the notice regarding this public hearing, it was suggested that a special meeting be scheduled at a later date to reveiw this matter. It was r►.oved by Goetten, seconded by Kelley, to schedule a Publi : Hearing on Thursday, April 17, 1986 at 7:00 PM in the Orono Council Chambers for the proposed B-2 Zoning Amendment. Motion, Ayes 5, Nays 0. (NOTE: Rovegno left the meeting during this matter at 9:39 changing the vote ratio) In addition to re -scheduling the public hearing, staff was directed to provide all the marinas with the necessary packet for their review and notify them of the Public Hearing no later than April 1, 1986. (Confirmation of receipt of this information by marinas to be made) VA APPROVAL OF MINUTES It was moved by Chairman Kelley, seconded by Taylor, to approve the Minutes of the February 18, 1986 Planning Commission meeting as submitted. Motion, Ayes 5, Nay 0. PLANNING COMMISSION REPRESENTATIVE Planning Commission member Bellows was appointed to attend the April 14, 1986 Council meeting. ADJOURNMENT 10:00 PM It was moved adjourn the Motion, Ayes by Chairman Kelley, seconded by Taylor, to Planning Commission meeting at 10:00 PM. 5, Nays 0. 8