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HomeMy WebLinkAbout04-21-1986 Planning MinutesPLANNING COMMISSION KEE'TING MONDAY, APRIL 21, 1986 7 : 3 0 P.M. 1275 BROWN ROAD SOUTH - COUNC I L CHAMBERS COUNCIL REPRESENTATIVE - James Grabek ATTENDANCE SCHEDULED PUBLIC HEARINGS 1, 7:30 P.M. #1015 Ervin Preliminary F. Kamm Jr., 755/763 North Ferndale Road Subdivision 2. 7:45 P.M. #1019 Ralph D. Martinson, 2525 Woodhaven Drive Preliminary Subdivision 3a. 10:00 P.M. #1018 William J. Ulrich, 1535 Bohn's Point Road After -the -fact Conditional Use Permit - Public Hearing b. #991 William J. Ulrich, 1535 Bohn's Point Road After -the -fact Conditional Use Permit - Second Review c. #1004 William J. Ulrich, 1535 & 1595 Bohn's Point Road ,piss I Subdivision of a Lot Line Rearrangement - ncond Review ACTION ITEMS 4. #999 Evan Meline/Benn Belden, 3598 North Shore Drive Variance - Continuation of Public Hearing 5. #1011 Excelsior Bay Yacht Club, Deering Island Conditional Use Permit & Variance - Second Review 6. #1014 Big Island Veteran's Camp, Record Lot: #7 Conditional Use Permit - Public Hearing 7. #1016 Martha J. Haeny, 1978 Shad ywood Road Variance - Public Hearing 8. #1017 Morris & Jackie Nelson, 1.900 Shoreline Drive Conditional Use Permit - Public Hearing 9. 41020 Suburban Hennepin Regional Park District., 2865 North Shore Dr. Conditional U'-ce Permit - Public Hearing 10. #1021 Jan & Nora Akerberg, 4075 Highwood road Variances -- Public Hearing 11. #1022 Charles A. Schall, 605 nark Lane Variance - Public Dearing ADDITIONAL ITEMS 12. Planninq Commission approval of March 17, 1986 Minutes. 13. Plann= ng Commission to select a representatikre to attend the May 12, 1986 Council Meeting. ADJOURNMENT MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1956 ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Callahan, Rovegno, McDonald, and Bellows. Goetten was absent. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. Mayor Butler and Counci lmember Grabek were also present. # 1015 ERV I N F . RANK JR . 755/763 NORTH FERNDALE ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30 - 7:37 The Affidavit was noted. of Publication and Certificate of Mailing Ervin & Jenny Kamm were present for this matter. Assistant Zoning Administrator Gaffron explained the Preliminary Subdivision request to replat 2 existing lots totaling 6.22 acres into 3 lots of 2.003, 2.005, and 2.216 acres respectively, noting a 1 1 lots meet the 2-acre requirement. He pointed out the proposed division lines and noted that some additional land is being acquired by applicant for access on North Ferndale Road. He stated that each lot has been tested for alternate septic sites for existing house and for the new lot primary and alternate drainf ie ld sites. Gaffron stated that because the designation of setback areas on this plat is somewhat perpl exing,but considering the concerns of the neighbor directly to the west, Mr. Shanedling, and the relationships between the orientation of the e-,�isting houses nearby, staff recommends the setbacks be approved as proposed on the preliminary plat drawing. There were no comments from the public regarding this matter and the Public Hearing was closed. It was moved by Rovegno, seconded by Callahan, to recommend approval, of the preliminary subdivision subject to staf f's recommendations and designation of the required setbacks per the preliminary plat drawing. Motion, Ayse 6, Nays 0. #1019 RALPH D. MARTINSON 2525 WOODHAVEN DRIVE PRELIMINARY SUBDIVISION PUBLIC HEARING 7:45 - 7:50 The Affidavit was noted. 1 of Publication and Certificate of Mai -ling MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1019 RALPH D. MARTINSON continued Ralph D. Martinson was present for this matter. Assistant Zoning Administrator Gaffron explained the preliminary subdivision request to divide a 4.27 acre lot into 2 lots of 2.14 and 2.13 acres noting both lots meet the 2-acre requirement. He noted that the Woodhaven plat was created in 1977 prior to the requirement of septic system soil testing for all newly created lots. The soil testing done since that time has been found suitable soils on the proposed lots. Primary and alternate drainf ie ld sites have been tested and are suitable for mound systems. There were no c,-In,ments f rom the T-)ubl i^ an this matter and the Public Nearing was closed. It was moved by Taylor, seconded by Chairman Kelley, to recommend approval of the preliminary subdivision subject to staff recommendation. Motion, Ayes 6, Nays 0. #991 i #1018 WM. J. ULRICH 1535 BOHN'S POINT ROAD AFTER--THE-FACT CONDITIONAL USE PERMITS PUBLIC HEARING 10:17 - 11:17 The Affidavit of Publication and Certificate of Mailing was noted. William J. Ulrich was present for this matter along with his representatives: Attorney Thomas Humphrey Jr., Engineer Don Brauer, Project Coordinator John Noble, and Surveyor Mark Gronberg. Zoning Administrator Mabusth explained the four areas involved: 1) Alteration of lagoon area located within 75 feet of the lakeshore. This was not noted on the original building permit plans and requires a separate permit. 2) Construction of f rom f o u n d a t i 3) Berm area an underground 2 feet deep trench e on of structure to the 4) Major filling between Ulrich and former Blohorn propert :es. Chairman Kelley questioned how many loads of fill was brought in. Mr. Ulrich stated there was approximately 400 truck loads (4 000 yards) of fill brought. in and none removed from the site. 2 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #991 i #1018 U1,RICH conti cued Planning Commission requested applicant to provide construction logs to confirm elevations and amounts of fill brought in. City Engineer Cook explained the changes in elevations and his recommendations: -berms should be graded flatter -found no major problem with the drainage in the 751 setback area to lagoon -foundation drain is not unusual - water quality would be no problem but to be effective drain must outlet at lower level elevations in lagoon area -as for the fill placed between properties, the final plans provide more treatment area for the surface runoff than that which was approved for the Ulrich site with the building plans and that which existed on the Blohorn site. Applicant's Attorney, Thomas Humphrey, stated that they were oppposed to removal of the berms. He stated that they are legally permitted and felt that applicant was being penalized for the after -the -fact application, noting that after they were notified of the problems, they have done everything the city has asked in order to comply. Consents from the Public Mr. & Mrs. Ka lweit, 1540 Bohn's Point Road - stated they had concerns regarding the drain under the Blohorn driveway. Dave Fox, 1.6 4 5 Bohn's Point Rd., stated that he thought the neighbors, Trowbridge & Swandstrom, would also be concerned with the drainage. Chairman Kelley instructed staff to notify the affected neighbors regarding the proposed plan. There were no more comments from the Public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to reccmmend approval of the joint after -the -fact conditional use permits subject to the following conditicns: Area ? - approved the f i 1 1 ing of top soi 1 or smoothing out of elevations along the lagoon. MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #991 i #1018 ULRICH continued Area 2 - approva 1 of the comp 1 et ion of the foundation drain into lagoon - applicant's engineer to submit final plans designating elevation of outlet into pond, erosion control, time of proposed alteration. Area 3 - denial of berming along the road and complete restoration of road right-of-way and the entire area restored to original state. Area 4 - Approval of final grades proposed in site plan revised dated 4/10/86 by Bruce W. Schmittt & Associates. Engineer Cook shall review feasibility of creating a bowl or retention area within the flat and higher elevations of Area 4. Area 5 - Staff and Engineer Cook to review variations or d.iscrepencies in elevations proposed in building permit. I- ' ans with those designated in f ina 1 site plan of 4/10/86 as noted by Planning Commission. - No hardcover within 0-75' (with exception of 3'X 75' path to lake - approx. 200 s.f. ) - Geoi ermal heating/cooling system and proposed seawa 1 will require separate conditional use permits. - Remova 1 of existing house within 60 days of removal of road restrictions. Motion, Ayes 51 Nays 0. #1004 WN, J. ULRICH 1535 i 1595 BOHN'S POINT CLASS I SUBDIVISION OF A SECOND REVIEW ROAD LOT LINE REARRANGEMENT Zon:Lng Administrator Mabust h exp 1 a fined the lot line rearrangement - Parcel A 4.97 B 2,.67 acres - both parcels satisfy standards. request for a acres and Parcel the LR-lB lot It was moved by Chairman Ke ] ley, seconded by Taylor, to recommend approval. of the Class I Subdivision of a Lot Line Rearrangement as proposed subject to the following staff recommendations: 1. Grant conscrvati_on and and drainageway areas to easements on the plat* flowage easement over pond be designated as drainage 2. Removal of 207 s.f. of hardcover 250' setback area within Parcel B. 0 within the 75- MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1004 ULRICH continued 3. If Lot B is divided in the future, the following directives shall apply: a) conditional use permit for no longer valid b) only 1 lot can be c) both lots must district standards an Motion, Ayes 5, Nays 0. #999 EVAN MELINE/BENNETT BELDEN 3598 NORTH SHORE DRIVE VARIANCE guest house use is riparian to Lake Minnetonka satisfy current zoning d hardcover standards CONTINUATION OF PUBLIC HEARING Evan Meline and Ben Belden were present for this matter. Assistant Zoning Administrator Gaffron explained the request to build a new house on a substandard lot was tabled at the December Planning Commission meeting pending the outcome of applicants acquisition of some additional property from Hennepin County. The applicants stated that the price Hennepin County is asking for the property is extremely high and based on that fact, they will not be able to buy the property. Mayor Butler stated that she spoke with Dave Swanson of Hennepin County regarding the "exorbitant asking price" for this piece of property. Hennepin County indicated that the reason the price is so high is primarly because it could be added to the adjacent substandard lot for a buildable 1 ot. She noted that the auction has not yet been held and Mr. Swanson indicated that applicants might be able to make an acceptable "low oa 1 l" offer. Applicants indicated that they ii.ay pursue the acquisition of the property from Hennepin County in the future but at this time rc-que the Planning Commission to consider their prof-sa without the additional property. Assistant Zoning Administrator Gaffron explained the problem of dry buildable area. He reviewed the variances requested, being: lot area & width; street, side (left), and lakeshore setbacks; hardcover in the 0- 75' and 75-250' zones; structure in the 0-75' zone; and fill/structure below 931 .5'. Chairman Kelley stated his opinion was the same as in December, that this was not a buildable lot. McDonald noted that the pre v i cus existing cottage had been vacant for at least 20 years. 5 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #999 NELINE/BBLDON continued Applicants noted that they are submitting a smaller scale proposal than what was previously presented. Bellows stated that she felt strongly that this lot was not a buildable lot. She noted that there is so much water on the lot now, the applicants would be "buying problems" if they were to build. Applicants noted that based on the variances granted to the Pembertons and Fegers lots, their request was not that far out of line. Taylor stated that the "moveable shoreline" has a more harmful effect on applicants property than the two properties to the east. He stated that because applicants are requesting a lot area variance of appi oximate l y 8 0 % in a half acre zone, he felt that unless the applicants acquire the additional property from Hennepin County and come up with a suitable design to protect from the spring melt, he would have to deny the application. Callahan and McDonald both felt that even with acquisition of the additional property, it would not be a buildable lot. Applicants noted they felt there was in some terms a "grandfather right" because of the recently removed structure that existed and that they, in good faith, have done everything possible to comply with the City's directives. McDonald noted that the existing structure was removed because the City condemned it as a hazardous building, applicants did not remove it toappease the Planning Commission. Because of the Planning Commission's negative comments, applicant requested the proposal be tabled 5o they can come up with an alternative. In light of the Planning Commission's comments, it was moved by Callahan, seconded by Bellows, to recommend denial of this application. Motion, Ayes 4, Nays 2. Taylor and Rovegno voted nay. #1011 EXCELSIOR BAY YACHT CLUB DEERING ISLAND CONDITIONAL USE PERMIT i '.'ARIANCE SECOND REVIEW Douglas K 1 int of the Excelsior Bay Yacht Club was present for this matter. Cl MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1011 EXCELSIOR BAY YACHT CLUB continued zoning Administrator Mabusth explained the request for a conditional use permit for a proposed day use recreational area for the Commodore Club which consisted of 300 members. She stated that based on the area of the island, staff recommends a maximum user level of 53 people. The proposal included a gazebo structure which satisfies the setback standards, suitable on -site septic, and new well. Applicant has submitted a site plan for docks which provides for 38 s 1 ips ( based on the LMCD allowed watercraft availability units) 40' in length. She noted that the docks are proposed to be on the south shore which is a hea v 1 y traffic area. She stated that the cities of Sprint; Park and Mound have been notified of this application. Chairman Kelley question the need for 38 slips when only 53 people would be allowed on the island. Mr. Klint stated that at this point they do not know how many docks will be needed, but are requesting the maximum they would be allowed by LMCD. Referring to the recommendat ior-s made by the Watet Patrol, Mr. Klint stated that they had no problem with providing them with a keyed phone and boat slip. Regarding installing physical barriers to control use of docks at night and providing a night security person he felt was not entirely necessary. He stated that if in fact there is a problem they would provide some type of security as recommended. Chairman Kelley suggested it be made a condition of the conditional use permit that security measures be provided upon complaint. McDonald inquired about sufficient liability insurance and suggested proof of insurance before the conditional use permit being issued yearly. Mr. Klint stated they have an umbrella policy. Bellows questioned whether the proposed use would actually be a feasible project because of the 53 person limitation. Mr. Klint stated th response from their Density use map from around Deering Islan 7 at they have not had any negative members. He also submitted a Boat m the LMCD which indicates the area d is a low density area. MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1011 EXCELSIOR BAY YACHT CLUB continued Al Rezabek, 1989 Eagerness Point Road, stated that the area was not a low density use area and felt that there should be a night patrol otherwise it would become a "party haven" for kids with boats. He also questioned how the Yacht Club intended to limit the use to 53 persons and not have a problem turning them away. Mr. K1int stated the they propose the use by reservations only i.e. the member calls for reservations at the main clubhouse and the clubhouse notifies the island attendant. If they do not have reservations, they can not come ashore. He stated that they plan on using the Water Patrol for assistance with problems, in addition if a certain niember (s) becomes a problem, they will revoke their membership. Jo Ellen Hurr, Orono's LMCD representative was present and stated that the Club should not rely too heavily on the Water Patrols' assistance because of their manpower problems. Tom Davison, 2054 Shorewood Lane, Mound, stated his concerns regarding providing an adequate sanitary system. He also noted that he recently had an appraisal of his property done and was told it would lower tr value 8% with the proposed use of the island. Regarding the adequate sanitary system, Assistant Zoning Administrator Gaf f. ron stated that staff finds no problem with this based on 53 users and advised Mr. Davison to contact him at the office for specifics. Peter Van Beek, 4428 W. Arm Rd., Spring Park, stated his concerns with the dock plan noting that the channel is already too narrow without the addition of the proposed 100' docks. He also questioned why work is already being done prior to approv,� 1 of this application. Assistant Zoning Administrator Gaffron stated that he was unaware of any actual work being done and no permits have been issued however, permission was given to bring rock on the island for the proposed future septic system but no work was to be done. Dick Cherba, 1 340 Vine Place, also voiced concerns with the docks and the narrow channel. He also stated that the extra boat traffic would probably create the need to designate that area a "quiet waters" area which he was opposed to. N MINUTES OF THE PLANNING COMMI S S I CAN 14EET I NG HELD APR I L 21, 1986 EXCELSIOR BAY YACHT CLUB continued Kathy Davision, the status of the were sold. 2054 Shorewood Lane, Mound, questioned conditional use permit if the property Zoning Administrator Mabusth stated she would have to consult the City Attorney regarding Ms. Davison's question. Mr. Klint noted that no food will. be sold on the island. Chairman Kelley stated he was in favor of the use upon limited conditions but felt there should be less than 38 docks and they should be less t 40' in length. Callahan stated he was not infavor of the use because it was not compatible with the neighborhood and the number and size of docks proposed was excessive. McDonald stated she agreed with Callahan and that there have been questions that have not been sufficiently answered particularly insurance coverage. Bellows stated that she felt it was probably an appropriate use for the island with limitations. She stated the number and size of docks should be addressed further. She suggested review of the conditional use permit after the first season in November. Rovegno stated that this was an intended use of the RS District and is in compliance except for area. He felt that the proposed site for docks was dangerous. Taylor stated that he too felt the use was appropriate for the island with restrictions, however he felt that the conditions imposed may not appeal to the Commodore Club. It was moved by Chairman Kelley, seconded by Rovegno, to recommend approval of the conditional use permit and variance subject to the following conditions: 1. Limit island use to a maximum of 53 members. 2.Open from Memorial Day to Labor Day - Hours 9 a.m.- 9 p.m. with full time at trendan t. 3. Limit total number of boat slips to 19 - 10 slips 2 0' and 9 slips 401 (location to be determined by LMCD) 4.I,ocation of security light to be addressed with neighbors. 5. Refuse to be removed from island daily. 6. Conditional Use Permit to be reviewed in November after the first year and annually thereafter. 9 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1011 EXCELSIOR BAY YACHT CLUB continued 7. Providing a dock, keyed phone, key to gazebo for Water Patrol. 8.City has the right to review and/or revoke conditional use permit sooner upon complaint. 9. Certificate of liability insurance to be provided yearly. 10. If need arises, applicant will supply a night attendant. 11. Applicant to submit a copy of the Commodore Club's rules and regulations yearly. Motion, Ayes 5, Nays 1. Callahan voted nay. It was noted that no more work (or materials accumulation) should be done on the island without the appropriate permits. #1014 BIG ISLAND VETERAN'S CAMP RECORD LOT #7 CONDITIONAL USE PM MIT PUBLIC HEARING 8:23 - 9:40 The Affidavit was noted. of Publication and Certificate of Mailing Zoning Administrator Mabusth explained the application for a temporary Conditional Use Permit to permit overnight camping by the island workers involved in the clean up for the Big Island Veteran's Camp. Present for this matter were Jim Lund, Leonard Carlton, and Stu Gorney representing the Big Island Board of Governors. Also present on applicants behalf was Joe Backes who also owns property on Big Island. Mr. Lund stated that the work will be volunteer workers and scout troops on noted that they have acquired insurance covers the volunteers. Mr. Fund boathouse. done mainly by weekends. He liability which noted that they would like to keep the Zoning Administrator Mabusth stated that the boathouse has been determined to be a hazardous building and has been ordered to be removed. Taylor stated a limit of number of persons at one time should be set. It was suggested 1 acre per person which would equal 57 people. 10 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1014 BIG ISLAND VR 'S CAMP continued Chairman Kelley reviewed the staff recommendations listed in memo. Joe Backes questioned why they would not be allowed to have campfires if they were in compliance with state, local, etc. guidelines. Chairman Kelley stated that they could be allowed subject to review by the Fire Marshal. He requested that they submit a copy of the Insurance Certificate to proof of their coverage in the event of a fire. Regarding the question of providing sanitary services, Mr. Backes stated that they would locate and inspect the existing septic system with Mr. Gaffron. He stated that they were serviced a few years ago and does not anticipate a problem with their use. Chairman Kelley stated that he would recommend providing a temporary facility if the existing system is found inadequate. Zoning Administrator Mabusth noted that this application does not include renovation of buildings that are not designated to be torn down. A separate permit and review is required for this work. Chairman Kelley stated the time period should be limited to Labor Day deadline and review. In compliance with this deadline, Kelley stated they should designate an area for haul -out refuse that can be done when the ice freezes. hairman Kelley stated the garbage should be removed •_,ai ly from the island. Zoning Administrator Mabusth stated that staff will have to inspect the area regularly. It was moved by Callahan, seconded by McDonald, to recommend approval of the conditional. use permit for temporary overnight camping for work crews of the Big Island Veteran's Camp for a period beginning when permit is issued and ending on Labor Day (September 1, 1986), for the purpose of removing hazardous buildings and locating existing septic systems in preparation for future plans to be submitted. Exception to time period being the removal of debris from a designated site (to be determined by staff ) after ice freezes. Guidelines per staff recommendation in addition to limit of 57 people at one time, approved methods of cooking by fire marshal, septic facilities approved by Gaf f ron or 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1014 BIG ISLAND VETKRANIS CAMP continued temporary facilities be provided, garbage collection done daily, and provide city with proof of insurance. Motion, Ayes 6, Nays 0. NOTE: Commission member Callahan left the meeting at this time. # 1016 XRRTHA J . 1978 SHADYWOOD VARIANCE PUBLIC HEARING It was moved to table this Ayes 5, Nays #1017 MORRIS & JACKIE NELSON 1900 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:55 - 10:14 The Affidavit was noted. by McDonald, seconded by Chairman Kelley, matter upon staff recommendation. Motion, 0. of Publication and Certificate of Mailing Chairman Kelley read into the record letters received from Thomas & Pauline Bouchard, 1860 Shoreline Dr.; and Kathy & Greg Coward, 1950 Heritage Lane, stating their objections to the proposed Bed & Breakfast use. Morris & Jackie Nelson were present for this matter. Mrs. Nelson stated that they have been researching the possibi lty of operating a B&B for a few years, and have also stayed at many B&B's in the past. Chairman Kelley suggested that the Planning Commission consider whether a B&B is an appropriate use in this area and if the conditions to be set upon the use before addressing this specific application. McDonald stated that she felt this would be a commercial use in a residential area. Bellows stated that she felt this would be the ideal house. for a B&B in a unique location and would be unfair to deem it a commercial use. She noted that B&B's typically do not allow children and are very quiet operations. Ro vegno reminded previously approved same location and such. the Commission that this use was conceptually by the Council at this suggested addressing the issue as 12 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1017 NELSON continued Chairman Kelley stated he agreed with Bellows and Rovegno, that this property is uniquely situated so that it is screened from the residential area, and should proceed on the assumption that this use is appropriate. Zoning Administrator Mabusth stated that an amendment to the zoning code must be done setting performance standards. She submitted an example of an amendment from the City of Hastings. Kelley stated that standards should be devei�ped before acting on this application. Staff was given conceptual approval based on the Council minutes from 1/14/85. Planning Commission will submit their written comments to staff before the May Planning Commission meeting for action of an amendment. It was moved by Chairman K%21 ley, seconded by McDonald, to continue this application until the May 19, 1986 Planning Commission meeting. #1020 SUBURBAN HBNHEPIN 2865 NORTH SHORE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 11:30 - The was REGIONAL PARK DISTRICT 12:15 Affidavit of Publication and Certificate of noted. Mailing Representing the Suburban Hennepin Regional Park District were Marty Jessen, Bob Wick 1 und, and Deborah Bartels. Mr. Jessen explained the request for a conditional use permit approval to improve and enhance the Noerenberg Memorial County Park. He explained that in 1972 the district acquired the property by gift from Laura Hoppe in her will. The will contained several conditions, some of which were a specified name of the park, required removal of house and erect in its place a memorial arbor with a plaque dedicated to her parents, the use of the park ( south - a f lora 1 display garden/north - maintained in its natural state called the Noerenberg Nature Area) , specific in limiting use i.e. no pi cni cing, no camping, and no boat access. He noted that the will was completel. silent in addressing structures or improvements unless they are incompatible with the general floral display. 13 MINUTES OF THE PLRNNING COMMISSION MEETING HELD APRIL 211 1986 #1020 SUB. HENN. REG. PARR DIST. continued Deborah Bartels made a presentation of the proposed master plan which included a 2600 s.f. "visitor center" to be used for restrooms, classroom to accomodate school groups and weddings, and information center. She noted a few of the changes being the relocation of the entrance driveway, construction of a new Memorial Arbor, construction of pathways through grounds, and a bituminuous parking lot (with proper plantings for screening per will). She noted that some grading will be necessary and they will acquire the proper permits. McDonald voiced some disagreement with the intent of the will as it relates to the proposed plans,. The Planning Commission questioned the need for a bituminous parking lot as opposed to the grass area. Mr. Jessen stated that it is needed for maintenance reasons and to accommodate the handicapped. He noted that the overflow parking across the street will remain grass. He also noted that, per the will, there is no fe-e for parking or admittance to park. In response to questions from the Commission, Mr. Jessen stated that they are currently booked throughout the summer for weddings and that the monies received from this function is kept in a separate fund to be used to maintain Noerenberg Park only. Mr. & Mrs. Jack Swenson, sto ted they had some concerns with the plans for the northern nature area which they feel would result in more activity and also boats anchoring and coming ashore which is clearly against the wills' intent. Mr. Jessen stated that they intend to try and control that problem, which also currently exists, by using the services of the Park Rangers. McDonald questioned why they should develop the area that is going to create problems and require policing again stating her feeling that this is not the wills intent. David Fox, 1645 Bohn's Point Rd., stated that lie felt. improving the parking area served no practical purpose and would simply invite more people to Orono. Chairman Kelley rc.ad into the record a letter from James A. Mitchell, 2865 North Shore Drive stating their concerns and recommendations to maintain the pastoral setting". 14 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1020 SUB. HENN. REG. PARR DIST. continued Marilyn Scha 1 1 , 605 Park Lane, stated her concern was that the proposal seemed to be a complete overhaul of the park. Kathy Swenson, 3020 North Shore Drive, stated that she felt the plan did not maintain the intent of Orono's natural setting by commercializing the rural area. Stan Rudd, 601 Park Lane, noted an interest in the park by Ray Forde. Mr. Jessen stated they are aware of Mr. Forde's life estate on two acres within the northern area and intend to honor as such. There were no more comments from the public and the public hearing was closed. Bel lows stated she f e 1 t it was a very ambitious landscape plan and finds little support in favor. She suggested a greenhouse type of plan and that the structure should be more of an open pavillion. McDonald stated she was against having a "brick" building in a rural park. Rovegno stated that the land use issue should be addressed and suggested the entire plan be sent to the Park Commission and Poloce Dept. for review. He also stated tha- he felt the wedding aspect created the need for the hardcover parking lot. Chairman Kelley stated that he felt the plans were ambitious concerning the hardcover lot to the south and felt that it should be limited to 25 parking spots. He does not feel a building should be addressed for classroom needs or sales and should be an open shelter. He also stated he was not disagreeable to the general upgrading but had concerns about the increased use. Zoning Administrator Mabusth suggested tabling this matter in order to provide the Planning Commission with more background (i.e. comments from the Park Commission and Planning Commission member Goetten who served on this specific park committee) and clarification of the will* It was moved by Chairman Kelley, seconded by McDonald, to table this matter pending clarification of the will and the district court interpretation of the will, Chief Ki lbo to review, and notification of this proposal to Commissioner Robb, and staf f to review the matter with the Orono Park commission. Motion, Ayes 5, Nays 0. 15 MINUTES OF THR PLANNING COMMISSION MEETING HELD APRI L 21, 1986 #1021 JAN i NORA ACRERBERG 4075 HIGHWOOD ROAD VARIANCES PUBLIC HEARING 12:32 - 12:35 A.M. The Affidavit of Publication and Certificate of Mailing was noted. #1022 C S 605 PARK LANE VARIANCE PUBLIC HEARING Nora Ackerberg was present for this matter. Assistant Zoning Administrator Gaffron explained the request to add hardcover with concurrent hardcover removal all within the 7.lj50' setback zone. No one was present from the public regarding this matter and the public hearing was closed. Chairman Kelley stated he found no problem with this request, and felt that he would rather grant the additional hardcover (gravel over plastic) near the house so no basement water problems would result. It was moved by Chairman recommend approval of th approximately 150 s.f. A. SCHALL 12:35 - The was 1:01 A.M. Affidavit noted. Kelley, seconded by Rovegno, to e hardcover variance increase of Motion, Ayes 5, Nays 0. of Publication and Certificate of Mailing Mr. & Mrs. Char 1 es Scha 1 1 were present f or this matter along with their builder, Marty Bethke. Assistant Zoning Administrator Gaffron explained the request for hardcover and setback variances to construct a new attached garage, 2nd story room and entryway. The proposed 22'x22' garage will be 7.7' from the north lot line, and about 3.5' from the street. Existing hardcover in the 75-250' zone is 48.8% and would increase 8.6% w'th the proposed addition, however with the potential of 9.0% in hardcover removals there would be a net decrease in overall hardcover. He pointed out the areas in which could be removed as hardcover. Bellows stated because of the concurrent hardcover removal that hardcover is not a major -,.ssue. She stated that she felt the access to the garaqe as proposed would be extremely difficult. In addition, she felt there was no hardship involved in needing the secon ' story room above the garage which would affect the adjacent neighbor by shading their deck. J6 MINUTES OF THE PLANNING COMMISSION 14EETING HELD APRIL 21, 1986 #1022 SCBALL continued Mr. Scha 1 1 stated garages in that area access. that there are similar situated that seem to have no problem with Taylor also expressed the lack of hardship involved in needing the second story room. Mr. Scha 1 1 stated that they need the extra room for storage basically because there is no room on the lot for a storage shed. Marty Bethke stated that the extra room above the garage i.e. extra height is mainly for roof line aesthetics to the house. He noted that it i s not a f u 1 1 story, it would only be 3' higher on the outside. Ro vegno asked Zoning Administrator Mabusth if the applicant already had the garage, would there be a variance involved to add a second story. Zoning Administrator Mabusth stated that they would issue a building permit and she would have to consult with the City Attorney to see if they could legally place a condition restricting them from adding a second story. Stan & Bette nudd, 601 Park Lane (adjacent property owner on both sides of applicant), were present for this matter. Mrs. Rudd stated that there were not opposed to the garage addition, but feel that the second story would spoil the value of their house and would take away the little sunlight they have for their deck and total.Ly block their view. She stated that the house is too big a house for the lot. Mr. Rudd stated he felt there would be a potential fire hazard involve because of the closeness of the houses. APPROVAL OF MINUTES There were no other comments from the public and the public hearing was closed. Because of the neighbors rights and opposition to the second story proposal, it was moved by Bellows, seconded by Chairman Kel ley, to table this matter for the applicant and neighbor to try and work out a solution. Motion, Ayes 5, Nays 0. It was moved by Taylor, seconded by Bellows, to approve the Minutes of the March 1.7, 1986 Planning Commission meetinq as submitted. Motion, Ayes 6, Nays 0. 17 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 PLANNING COMMISSION REPRESENTATIVE Commissioner Taylor was appointed the represent the Planning Commission at the May 12, 1986 Council meeting. ADJOURNMENT 1:15 A.M. It w3s moved by Chairman Kelley, seconded by Taylor, to adjourn the Planning Commission meeting at 1:15 A.M. Motion, Ayes 5, Nays 0.