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HomeMy WebLinkAbout06-16-1986 Planning MinutesPLANNING COMMISSION MEETING MONDAY, JUNE 161 1986 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL COUNCIL REPRESENTATIVE - Tim Adams ATTENDANCE : ri ! : 1 .1. 1. 7 : 30 P.M. #1036 Nancy Ferrell - Vacation of a 30 foot wide unimproved public right-of-way adjacent to Wi ldhurst Trail, ACTION ITEMS 2. #1026 Mike Hilbelink/John Vogt, 160 Old Crystal Bay Road Preliminary Subdivision 3. #1034 R. Scott Prochnow, 3440 North Shore Drive - Variance - Public Hearing 4. #1035 Robert Koehnen, 537 Hanlon Avenue - Variance - Public Hearing 5. #1037 John B. Busse, 1951 Concordia Stieet - Conditional Use Permit - Public Hearing 5. #1038 Gordon N. Nelson, 1310 Elmwood Avenue - Variance - Public Hearing 7. #1039 William Ulrich, 1535 Bohn's Point Road - Condit.ional Use Permit - Public Hearing 8. #1040 William Ulrich, 1535 Rohr's Point. Road - Conditional Use Permit - Public Hearing 9. #1041 Thomas J. Maxwell, 3685 Watertown Road - Variance - Public Hearing ADDITIONAL ITEMS 10. Planning Commission approval of May 15, 1986 Minutes. 11. Planning Commission to select a representative to attend the July 14, 1986 Council Meet:: ng. MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 16, 1986 ATTMWANCE 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Ke 1 ley, Bellows, Rovegno, Goetten, McDonald, Callahan, and Taylor. the following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. Councilmember Adams was also present. U t # 10 3 6 NANCY FBRRBLL VACATION OF A 30 FOOT WIDE UNIMPROVED PUBLIC RIGHT-OF-WAY ADJACENT TO WILDHURST TRAIL PUBLIC HEARING 7: 3 0- 7: 3 8 The Affidavit of Publication and Certificate of Mai_ ling was noted. Nancy Ferrell was present for this matter. Assist=int Zoning Administrator Gaffron explained the request to vacate adjacent 1/2 of undeveloped public roadway originally platted as "Grandview Place". He explained the history or. other portions which were vacated prior to 1962. He noted that no one would be denied access through this vacation. Harriet Morgart , owner of property west and north of the applicants, stated that she understood, based on statements by previous property owners: that a 1 1 these roads had been previously vacated years ago. She also wondered exactly where this road was because it does not appear on any survey/neap she has seen. Assistant. Zoning Administrator Gaffron stated that applicant has submitted a survey dated 2/26/80 which indicated the portion to be vacated although the surveyors did not stake the area. No one was present from the public regarding this matter and the public hearing was closed. It was n--oved by Ca 1 ] ahan, seconded by McDona id to the recomment approval of the proposed vacation request per staff 's recommendations. Motion, Ayes 7, Nays 0. 1 MINUTES OF THE PLANKING COMMISSION MEETING HELD JUNE 16, 1986 # 10 2 6 IKI ICE H I LBELI ITC/JOHN VOGT 160 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVSION SECOIiD REVIEW Mike Hi 1 be l ink and John & Maureen Vogt were present for this matter. Zoning Administrator Mabusth explained the findings contained in the survey. She stated that all structures meet the code requirements. She explained that access roads for future development should be a consideration at this point. Bellows questioned whether the served the purpose for future that from a planning view, this this point. proposed 25' strip best development. She felt should be determined at Chairman Kelley stated that in lieu of the potential of future development of Lots 2 & 3, a 25' strip for access should be up the west line. He also felt that access should be addressed now in order to avoid excessive curb cuts on Old Crystal Bay and Watertown Roads. Taylor, Rovegno, McDona 1 d, Goetten and Callahan stated that they did not feel it was necessary to determine access roads at this point. Rovegno stated that when and if the lots are developed, they can be limited to one access off Watertown Road at that point. It was moved by Taylor, seconded by Goetten, recommend approval of the preliminary subdivision proposed subject to staff's recommendation with exception of creation of a 25' wide out lot along northern lot line of Lot 2. Motion, Ayes 5, Nay Chairman Kelley and Bellows voted nay stating that a easement along the west line of the property should required. # 10 3 4 R . SCOTT PROCKNOiW 3440 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 8:03 - 8:20 to as the the s 2. 25' be The Affidavit of Publication and Certificate of Mailing was noted. Scott Prochnow was present for this matter. Assistant Zoning Administrator Gaffron explained the request for average lakeshore setback variance to construct an enclosed 3-season porch over the existing deck. He stated that there was no view encroachment and none of the neighbors have indicated opposition. It was noted that no hardcover variance is required, the existing hardcover is 24.4% in the 75-250' area where 25% is allowed,, 2 MINUTES OF THE PLANNING COWMISSION MEETING HELD JUNE 16, 1986 #1034 R. SCOTT PROCHNOW CONT. Applicant deck off t was asked if he intended to construct another ie 3-season porch. Mr. Proc:hnow indicated that in the future he construct a deck (approximately 12'xl8' ) side of the proposed porch. may want to on the west Zoning Administrator Mabusth suggested that he deck be included in the request in order to avoid appi - cant having to come back for another request requiring another fee. Mr. Prochnow agreed with this suggestion. He noted that he did the hardcover calculations which he considered "generous" and felt he could add a deck and stay within the 2 5 % hardcover allowance. He also noted that he had a letter from a neighbor approving his proposal. 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 of the variance as proposed upon staff recommeridation with the inclusion of a deck not to exceed the allowed 25% hardcover in the 75-250' area and that no additional structure be placed above or beyond proposed deck. Applicant was info-med that the variance was valid for one year only. Motion, Ayes 7, Nays 0. # 10 3 5 ROBERT X C EMIEN 537 HANLON AVENUE VARIANCE PUBLIC HEARING 8:20 - 8:27 The Af f idavit was noted. of Publication and Certificate of Mailing Bob Koehnen was present for this matter. Assistant Zoning Administrator Gaffron expalined the request for a variance and conditional use permit to construct a 1000 s.f. . detached storage bui 1 ding/garage. He stated that the issue is if this is defined as a "through" lot, then the variances and conditional use permit are Necessary; if it is not a "through" lot, and the lot line at the alley is considered a rear lot line, then the variances are not necessary. He stated that. this right-of-way appears to be the primary access for the house to the south which would indicate it was a street according to the zoning codes definition of "street" and "alley". However, the right-of-way is less than 50' which indicates it is an alley not a street. He noted that i t i s the opi pion of the Ci ty's 1 ega 1 staf f and the City Administrator that this is are alley and should be considered the rear lot l i.ne. MINUTES OF THE PLANNING COMMTSSION MEETING HELD JUNE 16, 1986 # 10 3 5 ROBBRT 1COEIINEN CONT. er Planning Commission concurred with staff's interpretation. to No one was present from the public regarding this matter st and the public hearing was closed. It was moved by Goetten, seconded by Chairman Kelley, due to the Planning Commission's interpretation that this is an alley, not a street, that no variances are required if structure is reduced to no more than 1000 s.f. and maintains the 10' setback from the alley and doors open to the side; and staff be instructed to refund the application fee. Motion, Ayes 7, Nays 0. #1037 JOBN B. BUSSE 1951 CONCORDIA STREET CONDITIONAL USE PERMIT POBLIC BEARING 8:28 - 8:40 The Af f idavit was noted. of Publication and Certificate of Mailing Assistant Zoning Administrator Gaffron explained the request for conditional use permit and variance to regrade lakeshore yard to create a walk-ou � basement conf iguration. He noted that City Engineer Cook, per his letter, indicated that he felt disruption of the bank could result in a negative impact on Lake Minnetonka and does not recommend approval of the grading plan. John Busse was present for this matter and stated the purpose of creating a walk -out was mainly to finish the basement, provide 1 iaht, and to try and solve the water problem by means of releasing the hydraulic pressure on the foundation. He submitted a letter from Engineer Mark Gronberg which explained the measures that would be taken in order to prevent erasion into the lake. Kelley stated that he was not in favor of this because of his concern of creating a chain reaction in this type of request. Rovegno suggested that this application be table for more review. Goetten agreed with Kelley and Rovegno. Taylor stated that he felt water damage was a legitimate hardship. No one was present from the public regarding this matter and the public hearing was closed. MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 16, 1986 #1037 JOHN Be BUSSE CONT. It was moved by Rovegno, seconded by Goetten, to table this matter so that appi icant can provide additional hydraulic/hydrologic information for the City Engineer to review, and also review impact on lake and neighbor's properties, and neighbor's opinions. Motion, Ayes 7, Nays 0. #1038 GORDON N. NELSON 1310 FJMOOD AVENUE VARIANCE PUBLIC HEARING 8:41 - 8:47 The Af f idavit was noted. of Publication and Certificate of Mailing Assistant Zoning Administor Gaffron explained the hardcover variance request to' construct a detached garage (2.9 % increase in hardcover in the 75-250' f i om 3 2.9 % to 3 5.8 % ). Ga f f ron noted that applicant does not have an exisiting garage and proposes to remove 2 existing storage sheds. H:� a 1 so noted that remova 1 of a 3rd existing shed would reduce the hardcover to 1.6 % increase. He explained the grading work that would be required consisting of approximately 90 cubic yards which does not require a conditional use permit. Gordon Nelson was present for this matter and stated that he will remove the 3rd shed also (resulting in a 1.6% hardcover increase in the 75-250' - total 34.5%). Goetten stated that she felt there was a real hardship involved with the severe slopes of property. No one was present from the public regarding this matter and the public hearing was closed. It was moved r y Goetten, seconded by Kel recommend approval of the variance, hardship findings and conditions and of all 3 sheds and no additional allowed. Motion, Ayes 7, Nays 0. sub lect t subject to hardcover ley, to o staff's removal will be MINUTES OF THE PLANNING COMMISSION MEETING MELD JUNE 16, 198E #1039 WILLIAM ULRICH 1535 BOHN'S POINT ROAD CONDITIONAL USE PERMIT PUBLIC SEARING 9:00 - 9:15 The Af f id ivit ,s noted. of Publication and Certificate of Mailing Representing applicant were John Noble and Clifford Reep. Applicant request a conditional use permit for excava * in the 4-7 5' Lakeshore area for installation of a geottierma 1 heating & cooling system. As stated in the memo, staff recommends tabling all action on this application until the appropriate staff members, consultants and other reviewing agencies are prepared to make recommendations on the proposed improvement. Clifford Reep explained the discharge projections. There were no comments from the public regarding this matter and the public hearing was closed. Planning Commission stated that they would like applicant to submit the hardship involved at the next review, It was moved by Goetten, seconded by Taylor, to table this -ipsplication per staff recommendation. Motion, Ayes 7 , Nay8 00 #1040 WILLIAM ULRICH 1535 BOHN ' S POINT RORD CONDITIONAL USE PERMIT PUBLIC HEARING 9:15 - 9:27 The Affidavit was noted. of Publication and Certificate of Mailing Representing the applicant were John Noble and Clifford Reep. Zoning Administrator Mabusth Explained the request for a conditional use permit to extend the sea wall a lcng the southern portion of the lagoon. Applicant was granted a permit in 1983 for installation of a sea wall along the northern shoreline of the lagoon to prevent damage sustained by muskrats. Zoning Administrator Mabusth also advised that the applicant's engineer has recert i t ied the sea wall plans certifying that the plans will meet the necessary standards. Clifford Reep stated that the extension of sea wall was needed due to erosion from high water and animal control, MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 16, 1986 #1040 WILLIAM ULRICH CONT. McDonald stated merely moves the that a sea wall lakeshore. that by installing the sea wall it muskrats down the shoreline and noted wou' d never be approved on the main Callahan stated that he felt there was no end to the Ulrich plans and requests. He would like to see an entire plan for both properties to be considered. John Noble stated that he is unaware of any more future plans for the B 1 ohorn property, but he really cannot speak on behalf of Mr. Ulrich. Goetten agreed with Callahan regarding seeing an entire plan . There were no comments from the public regarding this matter and the public hearing was c 1 osed. It was moved by Rovegno, seconded by Kelley, to recommend approval of the southern lagoon sea wall request subject to conditions and findings noted in Resolution #1522 approved for the northern lagoon sea wall, and noting that no sea wall would be approved on the main lakeshore. Motion, Ayes 6, Nays 1. Goetten voted nay. # 10 41 THOMAS J . MAX ELL 3685 WATERTOWN ROAD VARIANCE PUBLIC HEARING 9: 3 2 - 5: 5 0 The Affidavit of Publication and Certificate of Mailing was noted. Present representing Mr. Maxwell was John Ebert of Ebert Construction and Supply. Assistant Zoning Administrator Gaf f i on explained that this application was originally intended as a setback variance application to construct or enlarge an existing horse barn. After the survey was submitted, it indicated that the existing barn was partially located upon the proper* y of Mr. Maxwe l l's aunt, Arlie Thorpe. In order to resolve this problem, Arlie Thorpe planned to deed her land to Mr. Maxwell co he could combine the properties, granting her a life estate. This would present. the problem of two houses on one 10.21 acre pa r ce 1 , which would require a conditional use permit. for use of the second house as, a guest house. MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 16, 1986 #1041 THOMAS Je MAXNELL CONT, John Ebert reviewed the history of the property. It was noted that Mr. Maxwell would like to remove the existing 6-sta 11 horse barn and replace with another 6-sta 1 1 barn and if the property combination was not done, they would not be able to meet the required 1501 setbacks required. He stated that the alternative to a conditional use permit for guest house use would be a lot line rearrangement. At this point, the issue of number of allowed horses was brought up. Mr. Ebert stated a 6-stall barn was proposed. Planning Commission noted that only 3 horses are allowed on a 5 acre parcel. If the properties were combined, the barn could meet the required 150' setback and a maximum of 8 horses would be allowed on the 10 acre parcel. No one was Present from the public regarding this matter and the public hearing was closed. Because of the issues and concerns involved in this application, it was moved by Kelley, seconded by Goetten, to table this matter so applicant can meet with staf f to solve these issues and come up with a solution. Motion, Ayes 7, Nays 0. APPRdVA,I. OF MINUTES It was moved by Kelley, seconded by Tay lo= , to approve the Minutes of the May 19, 1986 Planning Commission meeting as submitted. Motion, Ayes ./, Nays 0. PLANNING COMMISSION RBPRBSZNTATIVE Chairman Ke 1 ley was appointed to attend the July 14, 1986 Council meeting. AUJOURNMRNT 9 : 5 2 PH It was ino v ed adjourn the Motion, Ayes by Chairman Kelley, seconded by Taylor, to Planning Commission meeting at 9:52 PM. 7, Nays 0.