HomeMy WebLinkAbout05-19-1986 Planning MinutesPLANNING COMMISSION MEETING
MONDAY , NAY 19, 1986 7 : 3 0 P.M.
1275 BROWN ROAD SOUTH - COUNCIL Cam as
COUNCIL REPRESENTATIVE - John Hammerel
ATTMDANCE
SCHEDULED PUBLIC HEARINGS
1. 7:30 P.M. #1024 Michael Robinson,
Preliminary Subdivision
15 Orolto Orchard Road
2. 7:45 P.M. #1026 Mike Hilbelink/John Vogt,
160 Old Crystal Bay Road - Preliminary Subdivision
ACTION ITEMS
3. #1017 Morris & Jackie Nelson, 1900 Shoreline Drive
a) Zoning Amendment - Continuation of Public Hearing
b) Conditional Use Permit for Bed & Breakfast Use
4. #1020 Suburban Hennepin Regional Park District•
2865 North Shore Drive - Conditional Use Permit
5. #1022 Charles A. Schall, 605 Park Lane - Variance
6. #1023 Rolla M. Martin, 2675 Shadywood Road -
Variances - Public Hearing
7. #1025 Edward P.
Henrich,
4115
Highwood Road -
Variances
- Public
Hearing
- Tabled per Applicants Request
8. #1027 Phillip Pillsubry, 1200 Bracketts Point Road -
Variances - Public Hearing
9. #1028 Len Bachkes, 2813 Casco Point. Road -
Variance - Public Hearing
10. #1029 Leo Clifford,
4760
North
Shore Drive -
Renewal
Variance -
Public
Hearing
11. #1030 Charles D.
Dollar,
1810
Lakeview Terrace -
Variance -
Public
Hearing
12. #1031 Mark Hunsley, 3464 Eastlake Street. -
Variance - Public Hearing
13. #1032 Brian Fulmer, 3505 Wayzata Boulevard -
Variance - Public Hearing
14. #1033 Royal Dosset.t, 2795 Pheasants Road -
Variances - Public Hearing
ADDITIONAL ITEMS
15. Planning Commission approval of April 21, 1986 Minutes.
16. Planning Commission to select a representat i. ve to attend the
June 16 , 1 986 Counci 1 Meeting.
ADJOURNMENT
St
the
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
ATTENDANCE 7:30 P.M.
The Orono P lr nning Commission met on the above date with
the following members present: Chairman Kelley, Taylor,
Callahan, Goetten, McDonald, and Bellows. Rovegno was
absent. The following represented the City staff:
Building & Zoning Administrator Mabusth, Assistant
Zoning Administrator Gaffron, and City Recorder
Peterson. Planning Commission member Bellows left the
meeting at 10:37 P.M.
#1024 MICHAEL ROBINSON
15 ORONO ORCHARD ROAD
PRELIMIMARY SUBDIVISION
PUBLIC HEARING 7:30 -- 7:32
The Affidavit of
was noted.
Publication and Certificate of Mailing
No one was present from the public regarding this matter
and the public hearing was closed.
Upon request of the applicant, it was moved by Chairman
Kelley, seconded by McDona 1 d , to table this matter until
the June 16, 1986 meeting. Motion, Aves 6, Nays 0.
#1026 MIRE HILBELINR/JOHN VOGT
160 OLD CRYSTAL BAY ROAD
PRELIMINARY SUBDIVISION
PUBLIC HEARING 7:45 - 7:50
The Af f idavit
was noted.
of Publication and Certif ica -e of Mai ling
Mike Hi 1 be 1 ink and John Vogt were present for this
matter.
Zoning Administrator Mabusth explained the request for a
Class I I I Subdivision of three lots of approximately 3.6
acres, 7+ acres, and 7+ acres
that staff recommends that th
south side because of sighting
that an accessory structure
e
respectively. She noted
access on Lot 1 be on the
distance. She also noted
on Lot 1 may not meet the
required
10'
setback
which may
require
variance.
An
official
survey was
not yet
confirm this.
removal or a
available to
Mr. Vogt stated that he met with Public Works
Coordinator Gerhardson and they felt that there was not
a sight distance problem and would .like to have the
access on the north side of Lot 1.
Chairman Kelley stated that they have not received a
recommendation from John Ce r. hard son and at this point
would have to go along with staf f's recommendation or
table the matter for more information.
1
with
(lor,
was
:af f
otant
rder
the
i_ling
atter
1rman
unt i 1
iling
this
for a
l y 3.6
notes:
)n the
noted
t the
or a
►le to
Works
!s not
,e the
ved a
point
ion or
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1026 HILBELINR/VOGT continued
Mr. Vogt asked if they could approve this request as
proposed.
Zoning Administrator Mabusth stated that staff has more
concerns regarding access because of the feasibility of
future subdivisions.
Bellows stated that the Planning Commission should have
an official survey to review before making an
intelligent decision-,
Applicants stated that tabling this for a month would
create a hardship for the three parties that own these
lots.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Bellows, seconded by McDonald, to table
this application pending a survey. Motion, Ayes 6, Nays
0.
#1017 MORRIS S JACKIE NELSON
1900 SHORELINE DRIVE
A) ZONING AMENDMENT - CONTINUATION OF PUBLIC HEARING
B) CONDITIONAL USE PERMIT FOR BED BREAKFAST USE
Morris Nelson and Tom Ha i s 1 et were present for this
matter.
A) Zonin�c
Planning
amendment.
Amendment
Commission
Continuation
reviewed
No one was present from the public
and the public hearing was closed.
of Public Hearing
the proposed zoning
regarding this matter
It was moved by Chairman Kelley, seconded by Taylor, to
recommend approval to amend Section 10.20, Subdivision 3
adding Bed & Breakfast as a conditional use as proposed
with the following changes/additions:
Paragragh 1. Amended
to
read "and no
meals other than a
light breakfast shall
be
provided on
the premises..."
1. The property must satisfy all applicable lot
standards for the given zoning district in addition to
meeting the area ratio of 1/4 acre per guest room, but
in no case shall the number of guest rooms exceed 6.
2. As proposed.
3. Provided screening to be of natural plantings.
2
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
ZONING AMENDMENT/#1OIL 7 NELSON continued
4. No on -site commercial signage or 1 ighting sha 11 be
allowed .
5. Staff to clean-up language to meet code requirements.
6. As proposed.
7. All
Bed
& Breakfast
gueJt use activities must be
located
50'
from ad -iac:ent
lot lines.
8. As proposed.
9. Addition of requiring a site plan for landscaping and
all .improvements.
10. a) No additional home occupation - accessory use
b) As proposed.
c) Animal units must be owned by resident owner only
Motion, Ayes 41 Nays 2. McDonald and Callahan voted nay
stating that they were not in favor of Bed & Breakfast
use in residential area in Orono.
B) Conditional Use Permit for Bed & Breakfast Use
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Taylor, to
table this matter pending Council action on the proposed
Zoning Amendment. Motion, Ayes 6, Nays 0.
#1020 SUBURBAN HENNEPIN REGIONAL
2865 NORTH SHORE DRIVE
CONDITIONAL USE PERMIT
CONTINUED PUBLIC HEARING
Present from
District were
Bob Ali ck lund ,
PARK DISTRICT
the Suburban Hennepin Regicnal Park
Commissioner Bill Boynton, Marty Jessen,
Neil Weber, and Deborah Bartels.
It was noted that Diann Goetten and Park Commission
Chairman Barb Peterson were present, both served on the
County Park committee involved in planning of Noerenberg
Park.
Goetten noted that as a member of the County Park
committee, that a great deal of effort and planning was
done to come up with the proposed plan and comply with
the intent of the will..
Assistant Zoning Administrator Gaf f ron reviewed the land
use issues in which the Planning Commission is to deal
with as follows:
3
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1020 SUBURBAN HENNEPIN PARR DISTRICT continued
Hardcover
0-75' - proposed 3.5% (trail, existing gazebo &
pumphouse) less limestone paths if found to be permeable
- proposed hardcover 1.7 % - 0 % allowed
7 5-2 50' ( south side of 51) - proposed 4.1 % ( steps,
trails, memorial arbor, portion of parking lot) - 25%
allowed
250-500' - proposed 16% (visitor center & parking lot) -
a i l owed 3 0%
Planning Commission felt comfortable with the proposed
hardcover.
Drainage
Assistant Zoning Administrator Gaf f ron reviewed the
proposed grading and stated that the City Engineer finds
no major prob 1 ems. It was noted that all drainage will
go into the wetland and that no fill will be removed or
brought in to site.
Planning Commission found no problems with drainage.
Parkin
Parking on south side of Cty. Rd. 51 - proposed blacktop
parking lot for 50 cars.
Taylor stated that he felt that the suggested need to
increase the size of the lot was a byproduct of
intensification of use.
Goetten stated that the existing parking area is not
adequate and intensification was not an issue when
planning.
Mr. Wick 1 and stated that the plan was just to improve
the existing lot.
George Grooms, 3065 North Shore Drive, stated that he
has never seen more than 30 cars, mostly during weddings
at. the park.
Jim Mitchell, 2865 North Shore Drive, concurred with Mr.
Grooms' statement.
Intensification & Wedding Issue
McDonald indicated that he felt the wedding issue was a
commercial use.
Ell
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1020 SUBURBAN HENNEPIN PARR DISTRICT continued
Taylor stated that the wedding use should be addressed
as opposed to the general public's appreciation and
enjoyment of the park. He felt the increased size of
parking lot was to accomodate the weddings.
Goetten stated that the committee did address weddings
as a use, but the proposed improved parking area was
because of the general daily use.
Chairman Kelley questioned whether the wedding use,
which seems to be rising, would interfere with the
general use of the public.
Mr. Wick 1 and stated that thy--, -ark is not exclusively
reserved for a wedding, the public is still able to
enjoy the park.
Deborah Bartels stated that they project 25,O00 visitors
per year in 2-3 years in comparison to the present 8,400
annual visitor •• .
Goetten state . that the committee felt that the 25, 000
visitor estimate was high and would be more in line with
12,000 visitors per year.
Planning Commission majority agreed that the intent of
the proposal was a significant intensification and again
questioned the intent of the will.
Mr. Jessen stated that the extent of development of
gardens is up to the discretion of the Park District
except for the things specifically prohibited in the
will. In reference to the north side, he stated that
there will be no changes other than a trail and a small
gravel parking lot.
Jack Swenson, 3020 North Shore Drive, stated that he is
concerned about opening an access on the north side.
Goetten addressed the intent and need for a visitor
center being a place for workers and a central location
for educating the visitors. She noted that they hoped
the building would be used during the winter months
also.
Duane Brodersen, 3625 North
felt the weddings during
people from the intended
aspect and intrusion.
Shore Drive, stated that he
prime -time would discourage
use and creates a negative
5
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1020 SUBURBAN HE NEPIN PARR DISTRICT continued
Neil Webber stated that the educational aspect of the
park is very critical because this particular park is a
very unique si tuativii and the public should be made
aware of it. He stated that their concerns also include
density and that the 25,000 annual visitor number is not
a "goal" just a potential number.
It was moved by Ca 1 lar an, seconded by McDonald,
recommend to reject the proposal specifically in
connection with the concept of the visitor center and
marking lot. Motion, Ayes 41 Nays 2. Goetten and
Bellows voted nay.
#1022 C S A. SCHALL
605 PARR LANE
VARIANCE - SECOND REVIEW
Charles and Marilyn Schall were present for this matter
along with their contractor, Marty Bethke.
Assistant Zoning Administrator Gaf f ron noted that the
applicant and neighbor were not able to reach a
compromising solution. He explained the proposed plan
which consisted of an entry addition and a garage with a
second story stoLage room area. The garage addition is
proposed at 7.7' from side setback, 3.5' from street
setback, and proposed at 20' in height (30' allowed).
He noted that hardcover trade-offs would create a small
decrease in existing hardcover.
Stan & Betty Rudd, 601 Park Lane, were present for this
matter. Mr. Rudd stated that they were agreeable to a
garage addition 15' in heirrht. He submitted photos.
Mr. Bethke stated that an - ddi t ion at 15' height would
create an unusable space above garage.
It was noted in Assistant Zoning Administrator Gaffron's
memo that Chief Ki 1 bo felt that the proposed access to
garage is no more unsafe than the existing situation.
Bellows stated that she felt some of the hardcover
proposed to be removed for trade-off should be kept for
back-up apron to provide safety.
Mr. Scha 1 1 stated that the proposed room above garage
addition will be used as a second bedroom because the
existing house is only 1-1/2 bedrooms.
6
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1022 SCHALL continued
It was moved by Callahan, seconded by McDonald, to
recommend approval of the proposed plan with the back-up
apron hardcover to remain. Motion, Ayes 4, Nays 2.
Bellows and Kelley voted nay. Bellows stated that she
recognizes the hardship but felt the applicant bought in
to the situation and that the area is already very much
overbuilt.
#1023 ROLLA M. MARTIN
2675 SHADYWOOD ROAD
VARIANCES
PUBLIC HEARING 10 :15 - 10 :19
The Affidavit of Publication and Certificate of Mailing
was noted.
Rolla and Nancy Martin were present for this matter.
Assistant Zoning Administrator Gaffron explained the the
request for a hardcover variance to construct a bedroom
addition in the 75-250' area which would increase the
hardcover from 26.8 % to 27.1 %, no hardcover trade-off is
proposed.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by McDonald,
to recommend approval as proposed. Motion, Ayes 6, Nays
0.
#1025 EDWARD P. HENRICH
4115 HIGHWOOD ROAD
VARIANCES
PUBLIC HEARING 7:41 - 7:42
The Affidavit
was noted.
of Publication and Certificate of Mailing
No one was present from the public regarding this matter
and trP public hearing was closed.
Edward and Phyllis Henri.ch were present and requested
that this application be tabled.
It was
moved by Chairman Kelley,
seconded
by McDonald
to
table
this
matter at this
time.
Motion,
Ayes 6, Nays
0.
#1027 PHILLIP PILLSBURY
1200 BRACKETTS POINT ROAD
VARIANCES
PUBLIC HEARING 10:20 - 10:35
The Af f i d,-i v i t of Publ i cat ion and Certi f icate of Mai 1 ing
wa S I"C)t (-,d .
7
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1027 PILLSBURY continued
Representing the applicant: William Scott, arch.Ltect,
Steve Pf laum, applicant's attorney, and Damon Farber,
landscape designer.
Zoning Administrator Mabusth explained the request for
height variances of 2-1/2 feet for installation of a 6
foot high "sepentine" brick wall within the street yards
adjacent to Bracketts Point Road.
Applicant's representatives noted that the hardship was
the need to screen noise and lighting from County Rd.
15. They also noted that the neighbor' are in favor of
the proposal.
No one was present from the public regarding this matter
and the public hearing was closed.
Bellows questioned if she
because she is related to
Commission found no reason
should abstain from voting
applicant through marriage.
for her abstention in voting.
It was moved by Goetten, seconded by Bellows, to
recommend approval of the proposal. Motion, Ayes 2,
Nays 4. Motion f a i i s. Kelley, Taylor, McDon4 ld, and
Callahan voted nay. Kelley stated that he was opposed
to bricking in or fencing in Orono and prefers a natural
screening alternative.
# 10 2 8 LEN BAC.HRES
2813 CASCO POINT ROAD
VARIANCE
PUBLIC HEARING 10:37 -
The
was
10:42
Affidavit of
noted.
Publication and Certificate of Mailing
Len and Mary Ann Bachkes were present for this matter.
Assistant Zoning Administrator Gaffron explained the
variances requests in order to construct an addition to
the west side of their home. 1 ) proposed hardcover
increase in the 75-250' from 26.0 % to 29.7 %. There
no substantial hardcover items t
removed as a tradeoff. 2 ) side
feet leaving a 9.5 foot setback
house.
No one was present from
and the public hearing
.hat could reasonably
setback variance of
on the west side of
are
be
0.5
the
the public regarding this matter
was closed.
0
!MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1028 BACHKES continued
It was moved by Cal lahan, seconded by Taylor, to
recommend approval as proposed. Motion, Ayes 5, Nays 0.
#1029 LEO CLIFFORD
4760 NORTH SHORE DRIVE
RENEWAL VARIANCE
PUBLIC HEARING 7:33 - 7:36
The Affidavit of Publication and Certificate of Mailing
was noted.
Assistant Zoning Administrator Gaffron explained the
request for the renewal of lot area/lot width variances
to build on 0.39 acre lot which was previously approved
on 11/13/84 Resolution #1698 which has expired.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Taylor, seconded by McDonald, to
recommend approval of the variance renewal as presented.
Motion, Ayes 61 Nays 0.
#1030 CHARLES D. DOLLAR
1810 LAICEV I EW TERRACE
VARIANCE
PUBLIC HEARING 10:43 - 10:47
The Affidavit of Publication and Certificate of Mailing
was noted.
Charles Dollar way present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for a side setback varian �e to construct a room
addition 16.5' from the side setback where 30' is
normally required. He noted that the neighboring
property owner has acknowledges: having been appraised
of the applicant's plans, and has not made any comments
to staff.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by
Goetten, seconded
by Kelley,
to
recommend approval
as proposed. Motion,
Ayes
5,
Nays
0.
9
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1031 MARK HUNSLEY
3464 EASTLAKE STREET
VARIANCE
PUBLIC HEARING 7:36 - 7:40
The Affidavit
was noted.
#1032 BRIAN FULMER
3505 WAYZATA BLVD.
VARIANCE
PUBLIC HEARING
of Publication and Certificate of Mailing
Assistant Zoning Administri
request for variances to
patio partially within 0-75
250' hardcover limitations.
patio is proposed in the
hardcover in the 0-75' zone
proposed addition would in
30.0E to 32.9%.
for Gaf f ron explained the
construct a 18'x22' brick
setback and exceeding 75-
Approximate ly 88 s. f . of
0 -7 5' zone creating 1.2 %
In the 75-250' zone, the
:rease the hardcover from
Assistant Zoning Administrator Gaffron noted that
similar variances were granted to the properties at 3424
and 3444 Eastlake Street.
Nancy and Mark Huns ley were present for this matter. Mr.
Huns ley stated that the hardships were a need for a
patio and that this was the only viable site location.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Bellows, seconded by McDonald,, to
recommend approval of the variances as proposed.
Motion, Ayes 6, Nays 0.
10:48 - 11:00
The Affidavit
was noted.
of Publication and Certificate of Mailing
Brian Fulmer was present for this matter.
Zoning Administrator Mabusth explained that the
applicant is requesting a variance to the Highway 12
Moratorium because he seeks an amendment of
Comprehensive Plan by seeking sewer service for property
located within defined rural area. She noted that
on April 28, 1986, Council approved sewer service to
serve the applicant's proposed commercial use.
No one was present from
and the public hearing
the public regarding this matter
was closed.
10
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 196 1986
#1032 FULMER continued
It was moved by Goetten, seconded by Taylor, to
recommend approval of the variance to the moratorium
finding that it is a unique situation and that the
request is not contrary to the intent of the
comprehensive plan. Motion, Ayes 3, Nays 2. Callahan
and Kelley voted nay stating they were not in favor of
allowing the sewer hookup as were Counci lmembers Grabek
and Frahm.
#1033 ROYAL DOSSETT
2795 PHEASANT ROAD
VARIANCES
PUBLIC HEARING 11:00 - 11:23
The Affidavit of Publication and Certificate of Mailing
was noted.
Royal Dossett was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request to add a structure and hardcover exceeding the
limits in the 0-7 5' setback zone and average setback
variance. The addition consists of a glassed -in porch
of which 100 s.f. is in the 0-75' and a 414 s.f. patio
in the 0-75' area. Existing and proposed hardcover as
follows:
0-75' 0-1% (steps to lake) existing - 4.5E proposed
75-250' 26.3E existing - 27.2E proposed
Gaffron noted that the proposed addition would not
obstruct neighbor's view because of the thick growth of
pine trees. Any drainage would be away from the lake.
He also noted in his memo a number of similar minor
encroachments into the 0-75' recently approved by the
Council.
Mr. Dossett reviewed the need for a screened porch and
the patio area in a consistantly muddy area where grass
will not grow because of the shade from trees.
Planning Commission did not feel that all the proposed
patio area was necessary.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Goetten, to
recommend approval of the porch and partial patio and
steps to the side entrance excluding the wrap around
patio sidewalk area and deck on side. Motion, Ayes 5,
Nays 0.
11
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
APPROVAL OF MINUTES
It was moved by Taylor, seconded by Chairman Kelley, to
PP
a rove the Minutes of the April 21, 1986 Planning
Commission meeting as submitted. Motion, Ayes 61 Nays
0.
PLANNING COMMISSION REPRESENTATIVE etten was appointed to
Planning Commission member Go PP
attend the June 9, 1.9 8 6 Council meei i ng .
ADJOURNMENT 11:29 P.M. seconded by Goettei�, to
It was moved by Chairman Kelley,
adjourn the Planning Commission meeting at 11 : 29 P.M.
Motion, Ayes 5, Nays 0.
12