HomeMy WebLinkAbout07-21-1986 Planning MinutesPLANNIIiIG CommISSI01i1 MnTIING
NONDAY , JULY 21, 1986 7: 3 0
�p ]ROAD SOUTH _ P• M. 1275 n
DIY.
CuunCIL REMSMTATIVE -
:4 ;
Mary Butler
1 • 7:30 P.M. #1047 Dennis Kumlin 2665 Fox Street --
Preliminary Subdivision
2• 9:00 P.M. #1058 Proposed
p sed Comprehensive Flan Amend
certain areas within MUSH- MSSR menu to include
boundary,
3• 9:30 P.M. �1057 Proposed •
with P sed Zonicertair, ng Code Amendment to
in PF�D Developments under allow duplex units
condxtions.
ROZJTINE LAND USE APPLICATIONS - ACTION ITEM
4 • #1.043 Gary Beito, 1169
No.�th. Arm Drive - Variance - �� • •
5 • #1045 ArthurHearin
& Cleo Bloem
Hendaa 1 14
Variance - Public ' S Cygnet Place
Public Baring
6 • # 10 5 0 Th orna s F+ . Browne, '�
.60 South Brown Road -
Variance - Public Hearing
7 e #1056 Olai Manson, 139 C , - •
Fdllroad Avenue - Variance - Public Hea
•
ACTION I TENS ring
81 #1026 Mike HilbelYnk/Jo
Pre .. P hn Vogt, t , 16 0 Old Crystal 1
liminary Subdivision - Ref - Bay (toad
Commission bar Council Referred back to Plannlrg
91 #1037 John B. Busse
1951 Concordia Street -
C:onditional Use Permit - Second• Review
10. #1042 Thomas '-. Maxwell, 3685 Watertown Road -
Conditional Use Permit - ng
11 • #1044 Public Heari
James Erickson
/'Vicki Rizzolo, 115 Luce L • . Conditional Use Permit - Public Hearingine Ridge -
12. #1046 Douglas Je 7.um'
r�us._h r . 15. Hearing
5 Lang Lake Boulevard -
Conditional Use permit'
Public
13. �1C48 & 1049 Washington • g on Scientific:, Inc,, 2605 Va zata
Commercial Site Plan & Variance-- Y Boulevard •-
Public Hearing
PLANmnc C 0 4MISSION MZRnNG
NONDAY. JULY 21, 1986 7 : 3 0 P.K.
1275 BROWN p - COMICIL CWUUM
14. #1051 Ronald L. Glesne, 1475 CherryPlace
Variance - Public H B -
Hearing
15. #1052 John T. Spence, 2040 North Shore Drive
Variances - Public Hearing
16. #1053 Raymond J. Kosak, 3265 Carman Road -
Conditional Use Perwit and Variance - Public Hearin
_ 9
17. #1054 Steven Schnebly, 2555 Countryside Dr'
Variance - Public Hearingy Drive -
18c #1055 Daniel Lee Braga, 500 Orchard Park Drive -
Variance - Public Hearing
�DDITIORAL I TMS
19. Planning Conu fission approval of June 15 198 ' 6 Minutes,
20. Planning Commission to select a representative
August 11, 1986 Council Meeting, to attend the
MINU - - OF THE PLANNING COMMISSION MEETING HELD JULY
21, 1986
ATTIMDANCE 7: 3 0 P e N o
The Orono Planning Commission met on the above date
the following members resent: with
P Chairman Ke 1 ley,
Bellows, Goetten, McDonald, Callahan, and Taylor.
Rovegno was absent. The following
staff: Building & Zoning n i n A represented the City
g Administrator Mabusth,
Assistant Zoning Administrator Gaffron and
Recorder Peterson. Mayor Butler was also City
present.
NOTE: Planning Commission member Taylor was excused f
the meetingat 11 •15 p,M, from
- All 1 action taken on
applications after 11:15 resulted in a 5 member ratio,
#1047 DOMIS RUMLIN
2665 FOX STREET
PRR1114IMRY SUBDIVISION
PUBLIC BEARING 7:30 - 7:35
The Affidavit of Publication and Certificate of Mailing
was noted. Ong
Zoning Administrator Mabusth explained the the revised
plan now reflects the redesignated we
9 wetland area. Based
on the area, the proposal meets the 2-acre lot standard
Staff requests the site evaluator to re -submit a n
septic design to assure that it. will be located ? new
the wetland based on the redesignated 5' from
g a ted wetland and area.
Dennis Kumlin was present for this matter and stated he
had no problem with the redesignated wetland area.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Goetten, seconded by Chairman Kelley,to
recommend approval 1
PP per staff recommendation and subject
to the new septic design being submitted prior to the
August 11, 1986 Council meeting. Motion, Ayes 6 Nays
ys
0,
#1058 PROPOSED COMPREHENSIVE PLAN AMENDMENT
TO INCLUDE CERTAIN AREAS WITHIN MUSA-MSSR BOUNDARY
PUBLIC HEARING 9:38 - 9:39
The Affidavit of Publication was noted.
D. Brian Fulmer, 3505 Wayzata B1 va., was resent fo
this matter. P r
Zoning Administrator Mabusth explained the
amendment to include areas already
for sewer (Fulmer r0 sew proposed
ei ed or approved
property) y i which are not forma 1 1 y
included in the proposed Comprehensive Plan amendment
MINUTES OF THE PLANNING CO MISSION MEETING HELD JULY 21, 1986
h
#1058 PROPOSED COMPREHENSIVE PLAN AMENDMENT continued
'
There were no comments from the public regarding '
g g this
matter and the public hearing was closed.
y
It was moved by Taylor, seconded b Goetten
y to
y
�
recommend amending the Municipal
g i ci pa 1 Comprehensive Plan
redesignating the M.U.S.A.
- M.S.S.R. boundaries to
include properties already sewered or
m
approved sewer
per staff recommendation sub ' pp for sewer
sect to staff assurance of
n
the correct legal description. Motion, Ayes 4 Nays
y y' 2•
Kel ley a
y and Ca 1 lahan voted nay due to the Hwy. 12
Corridor Study Moratorium.
#1057 PROPOSED ZONING BNDKENT TO ALLOW DUPLEX UN
WITHIN PRD D CERTAIN CONDITIONS
UNDER CERT ITS
PUBLIC HEARING 11:42 P.M.
The Affidavit of P: bl ication was noted.
It was moved by Gc -tent seconded by Bellows, to table
this matter until the August 18 198 g
Commission meeting.Motion 6 Planning
Ayes 5, Nays 0.
#1043 GARY BEITO
1169 NORTH ARM DRIVE
VARIANCR
PUBLIC BEAR I NG 7: 3 7 -- 7: 4 0
The Affidavit
was noted.
Gary Beito was
of Publication and Certificate of
present for this matter.
Mai ling
Assistant Zoning Administrator Gaffron explained th
request for a side yat d setback varianceP e
to add a 3-
season porch which is an extension of the existing line
of the house. He noted that the variance i s re uired
due to the recent policy change. q
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 per staff recommendation and
findings. Motion, Ayes 6, Nays 0.
#1045 ARTHUR i CLEO BLOEMENDAAL
145 CYGNET PLACE
VARIANCE
PUBLIC HEARING 7:41 - 7:44
The Affidavit
was noted.
of Publication and Certificate of Mailing
OF THE PI.AIi NI NG COMMI SS I ON MEETING HELD JULY 21, 1986
# 104 5 BLOcontinued
Assistant Zoning Administrator Gaffron explained the
request for a front yard setback variancep
to construct
an attached garage addition 27' from the lot line. He
noted that this house was built prior to the current
zoning code.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Ca 1 lahan, seconded by McDonald, to
recommend approval per staff recommendation. Motion,
Ayes 6, Nays 0.
# 10 5 0 Re BROWNE
760 SOUTH BROWN ROAD
VARIANCE
PUBLIC HEARING 7:45 - 7:51
The Affidavit
was noted.
of Publication and Certificate of Mailing
Thomas & Sheila Browne were present for this matter.
Assistant Zoning Administrator Gaffron explained the
request to construct a 2-story addition with a den where
a screen porch existed and a new attached garage on the
north side of the house (both maintaining 37.2' setback)
requiring a variance because it is considered new
structural encroachment into front setback zone. He
noted that applicant is relocating his driveway further
north to a safer location with the Ci ty's and CountY 's
approva 1. He noted that the old garage will be removed
once the new garage is built.
Planning Commission expressed concern regardingthe
angle of the driveway entrance.
No one was present from the public regarding this matter
and the public hearinc was closed.
It was moved by Chairman Kelley, seconded by Taylor, to
recommend approval per staff recommendation and subject
to entrance of driveway be reviewed and approved by the
City Engineer prior to the July 28th Council meeting.
Motion, Ayes 61 Nays 0. g
#1056 OLAI HANSON
1390 RAILROAD AVENUE
VARIANCE
PUBLIC HEARING 7:52 - 7:56
The Affidavit
was noted.
of Publication and Certificate of Mailing
MINUTES OF THE PLANNING CONKISSION MEETING HELD JULY
21, 1985
#1056 HANSON continued
Olai & Hilda Hanson were present for this matter.
Assistant Zoning Administrator Gaffron explained
request to construct a 201 x 24 + P the
detached garage
5' - 7.5' from the side
yard lot line requiring a
variance. He noted that the applicants surveyindicates
the neighbor's, Frances Golden, 1380 tes
garage is located on the Railroad road Ave.,
applicants property. Today,
Frances Golden submitted his own survey dated .in 19
which indicates the garage located 50
line. Both the applicant i c 2 • � + from the lot
pp ant and Mr. Golden have indicated
that there was a court action in 1971 that affected
lot line. Staff recommends tabling t the
to determine the actual lot lineg his matter in order
.
Frances Golden was present for this matter.
It was moved by Chairman Kelleyr seconded b Callahan,
to table this matter and continue the y n�
the August 18 1986 p Public Hearing to
Planning Commission meeting.
Motion, Ayes 61 Nays 0.
#1026 !HIKE HILBBLINK/JOHN VOGT
160 OLD CRYSTAL BAY ROAD
PRRLIXINARY SUBDIVISION
R BACK TO PC BY COUNC I L
Applicants Mike Hi 1 be 1 ink and John Vogt were resent for
this matter. P
Zoning Administrator Mabusth explained that the Council
referred this preliminary subdivision plan back to th
Planning Commission for them to address future a e
re 1 aticn to this p� o ert Sheexplained
access in
P y exp 1 a ined the staf f's
recommendation for future accesses proposinga
north/south link from Watertown Rd. to Woodhaven
along the east property line of Lots 2 & 3a en Dr.
.
Mr. Hi lbe 1 ink stated he objected to staf f'sproposal
because that area is the only area of
property. He also objected y trees on the
d to taking a 50 h0 easement
on his property for a future road when he does not
inter:d any ?sigh density development and would serve
benefit the property to the east. He to
not feel the proposed thr stated that he did
P P oughroad was the most central
location for it, recommending a throughroad on the east
lot line of the Ha 1 1 son estate plat.
MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21t 19
86
#1026 HILBILINIC/VOGT continued
Planning Commission members thoughts regarding if a
9 and/or where it
north/south link should be designated g 9
should be located:
Taylor -- agrees with applicant, a north/south link
between Watertown Rd. and Woodhaven Rd. on the east
side of the Hallson estate.
McDonald - agrees with applicant, a north/south
link between Watertown Rd. and Woodhaven Rd. on the
east side of the Hallson estate.
Callahan - no connection street, but if a connection
street must be designated he would agree with
applicants proposal..
Kelley - agrees with applicant, a north/south link
between Watertown Rd. and Woodhaven Rd. on the east
side of the Hallson estate.
Goetten - does not feel there should be north/south
link, but if one must be designated she would agree
with applicants proposal,
g
Bellows - accepts staf f's proposal for a north/south
link because it is more realistic based on future
subdivision .
Chairman Kelley recommended that a 30' easement be
designated on the west side of Lots 2 & 3 to the point
where it meets Lot 1 in addition to a future
north/south
link on the east lot line of the Hallson estate if when
P
the property is developed.
/
David Will, future owner of Lot 1, stated that he hopes
to buya P
portion of the property to the south of Lot 1
and does not intend to subdivide and felt it unfair to
designate a 30' easement with no future plans to
subdivide.
Chairman Kelley stated the the Planning Commission must
designate a future access based on the Counci l's
direction and are a recommending body only, the final
decision will be up to the Council.
Pertaining to the property involved in this application
only (not including the Hallson estateproperty),
moved by Kelley, i t was
seconded by Callahan, to recommend
designation of a 30' easement on the west side of Lots 2
and 3 to the point whpre it meets Lot 1. Mot.ion, Ayes
6, Nays 0. Note: A future north/south link would be
located outside of this property and further east.
MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY
21, 1986
#1037 JOHN BUSSE
1951 CONCORDIA STRBRT
VARIANCE/CONDITIONAL USE PERMIT -
SECOND REVIEW
John Busse was not present for this matter a
Planning Commission waited until and the
11:� ,�'o►�'.
presence to act on his request. for his
It was moved by Bellows, seconded by Chairman Kelley,
recommend denial of a conditional to
variance to regrade lakeshore use permit a n d
yard to create a walk -out
basement configuration per staff recommendation.
Motion, Ayes 5, Nays 0. ndation.
ink # 10 4 2 TBOMAS J . MAXWELL
a s t 3685 WATBRTOWII ROAD
CONDITIONAL USZ PERMIT
PUBLIC HEARING 7:57 - 8:05
uth The Affidavit of Publication and Certificate of Mailing
ree was noted.
Assistant Zoning Administrator Gaf f ron explained
request for conditional use permit P ned the
p It for guest house use
of second existing residence, in conjunction
combination of 2 parcels of + 5 acre � on with
parcel. Mr. Maxwe 1 1 ' - s each into a single
s aunt, Arlie Thorpe, owns the
ad-*,ioent property and will deed the property to
in exchange for a life estate,p y Maxwell
This will allow
j�.�truction of a new 6 stall barn meetingthe 150'
setback from all property lines, and
. allow 1 ow 7 horses
maximum.
Jack Ebert was present representing Mr. Maxwell
stated that he had the signed deed and
g in hand
No one was present from the public regardingthis
and the public hearing was closed, matter
Callahan stated that he was opposed because it w
zoning &planning to combine the r as bad
property just for the
purpose of allowing 6 horses.
Bellows and Goetten agreed with Callahan.
Assistant Zoning Administrator Gaffron noted that
the properties were combined they might not be once
to subdivide again because t g _ allowed
he properties es would be
substandard in the required 5 acres zoning area.
Taylor stated that the applicant has complied with
Planning Cornmission's direction at thep the
last meeting.
McDonald agreed with Taylor,
MINUTES OF THE PLANNING COMMISSION MEETING HELD JU LY 21, 1986
#1042 MAXWELL continued
No one was present from the public regardingthis
and the public hearing was closed,
matter
It was moved by Taylor, seconded by Kelley, to rec
approval per staff recommendation. Motion,, ommer d
3. Bellows, Goetten a otion, Ayes 3, N�.ys
and Callahan voted nay.
#1044 JCS ERICKSON/VICRI RIZZOLO
115 LUCE LIME RIDGE
CONDITIONAL USE PERMIT
PUBLIC EMMING 9: 4 5— 9: 5 5
The Affidavit of Publication and Certificate of Ma=_
was noted, ling
Assistant Zoning Administrator Gaffron explained
request for a conditional use permit P the
p i t and varia i �e to
permit a mother -in --law apartment at walkout level of
new home under construction. He explained the a
taken by Council in previous applications ppliP e action
cations noting that it
has been granted on a "temporary" basis. He explained
staff's recommendation to eliminate a or
from the garage stairway direct access door
g g irway into the apartment, solely
based on this being consistent with Council action
previous applications,
in
James Erickson and Vicki Rizzolo were present for this
matter. Mr. Erickson stated that the would like
access door to remain because it y woue the
does not change the
situation, eliminating it would just create more f an
inconvenience.
o
Chairman Kelley stated he was in favor of mother -in -
apartments and is in favor of leaving the door
or as
proposed on the plan.
Bel lows concurred with Ke1 1 ey's statement.
Callahan stated that he felt mother-in-law apartment
requests should be put on hold u P t
establishes standards for such a use,until the city
Goetten agreed with Callahan's statement.
No one was present from the public regardingthis matter
and the public hearing was closed.
7
MINUTES OF THE PLANNING COMMI S S I ON !MEETING HELD JULY
21, j �v6
#1044 ERICKSON/RIZZOLO continued
It was moved by Chairman Kelley, seconded b Bellows,
recommend approval 1 y to
pp per staff recommendations #1, 3, and
4 and eliminate condition # 2 to eliminate the access
from the garage stairway to the apartment. Mo
4, Nays 2. Callahan and Go lion, Ayes
etten voted nay. Callahan
stating that he was opposed to approvingthis
application for Policy reasons in en
because it may be inconsistent � general 1 and a 1 so
Y stent with the new development
of the neighborhood in which this house is beingbuilt
Goetten stating that she has been opposed
of application because PP to this type
the ci y has no policy
established and that they tend to be on substandard
lots.
#1046 DOUGLAS J. ZUMBUSCH
1535 LONG L " E BOULZVARD
CO)iDITIONAL USE PERMIT
PUBLIC HEARING 8:14 - 8:28
The Affidavit of Publication and Certificate of Mai 1 .in
was noted. g
Douglas J. Zumbasch was present for this matter.
Assistant Zoning Administrator Gaffron explained the
retaining request to replace/construct new re p
g walls and
construct new stairway to lake within the 0-75' zone.
Staff finds no problem with the retaining walls. The
material to be used in the two landings is not
finalized. He noted that the locat icn of the dra;nf ie'.d
lines are unknown at this time. fie also stated that
staff recommends obtaining an actual survey.
Douglas J. Zumbusch wa
stated that they propose
and that the landing n
picnic. table use.
s present for this matter and
brick landi r.gs and step treads
Barest the lake is mainly for a
Planning
Commission
felt
that the
amount of hardcover
in the
proposed
stairway
plan could
he reduced.
No one was present from the Public regarding this matter
and the public hearing was closed.
It was moved
table this
location and
the stairs.
by Chairman Kelley, seconded by Goetten, to
request pending a survey with drainf ie ld
a plan to reduce the amount of hardcover in
Motion, Ayes 61 Nays 0.
2
MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21
1986
#1048/#1049 WASHINGTON SCIENTIFIC, INC.
2605 WAYZATA BOULEVARD
COMMCIAL SITE PLAN/VA,RIANCE
PUBLIC HEARING 8:30 - 8:57
The Affidavit
was noted.
of Publication and Certificate of Mailing
Representing Wasnington Scientific were Joe Pollansch
and Mike Unger.
Zoning Administrator Mabusth
explained
the
request for a
q
variance to the exterior materials
used
ed
in
an accessory
structure and a conditional use permit
for
an accessory
structure in an industrial
zone.
The
u.r os e
�' P e of the
accessory building i s to
g
story.
metal
scrap waste
materials and some chemical;:,
(chemicals
that must be
stored outside the principal
building).
Goetten voiced concern regarding the type of chemicals
and requested a list of chemicals that are to be stored
in the structure.
Mr. Pollansch stated they would be willing to submit a
copy of the list of materials that they submit to the
fire department and MPCA, some of which are chlorinated
solvents, hydrCigen, and acetone.
Regarding the sprink 1 er system in the principal
building, Zoning Administrator Mabusth stated
that they
hope to get an agreement with W.S.I, indicatingwhen
sprinkling of the structure will be completed,
p eted, c 1 ear ly,
the proposed accessory structure will have to be
sprinkled at construction time.
Callahan noted that in addition to the above stated
variance and conditional. use perms* required, the
applicant. needs to be granted a variance to the Hwy. 12
Moratorium Corrdior Study. y
Zoning Administrator Mabusth noted that was a good point
and explained the moratorium to the applicants i ca
that staff had failed to review PP nts noting
this with the applicant.
Chairman Kelley noted that in the Hwy. 12 Corridor stud
there has been some discussion regarding service y
on their property. g a e road
Bel lows
asked why
they were proposing
� separate
F
structure
bui lding.
rather than
addingt
on o
the existing
She stated
that she
felt the
applicants were
proposing
a separate
structure
in order
to avoid/delay
updating
(sprinkling)
the main
building,
0
MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21
1986
#1048/#1049 WASHINGTON SCIENTIFIC continued
Mr. Unger stated that to add on to the existingbuild
would require changing of aisles etc. diminishing in
useable space now within the the
main building. He also
noted that their proposal would be the same even if the
main building were already sprinkled.
Mayor Butler, who was the Council representative at the
e
meeting, suggested that the Planning Commission give
erection to apple_cant regarding a variance to the
moratorium before they spend more time with discussion.
Mr. Unger stated that he felt the variance being
requested would have a minimal effect on the moratorium.
Chairman Kelley noted again the issue of a service road
foi' W. S. I . might have an effect,
Mr. Unger stated that if they were to put in a service
road along the railroad tracks, they would provide
landscap =ng to screQn the building,
McDonald noted that applicant was not made aware of the
moratorium and applicant indicated that tabling this
matter until the study was done would be a hardship to
g
their operation.
It was moved by Callahan, seconded by Bellows, to table
and continue the public hearing until the Hwy. 12
Corridor Study Moratorium is lifted a y
September/October (approximately
�. Motion, Ayes 3, Nays 3. Kelley,
McDonald, and Taylor voted nay noting that the
applicants were not told about the moratorium until
tonight.
Recommendations made to applicant before they bring
application back to the Planning Commissionn
consideration were:
-sprinkling of the main building
-Fire Dept. recommendation of
storage
It was moved by Bellows, seconded by
table this application until the
brought up to code or an approved
staff. Motion, Ayes 6, Nays 0.
#1051 RONALD L. GLESNE
1475 CHERRY PLACE
VARIANCE
PUBLIC HEARING 10:02 - 10:07
The Affidavit
was noted.
this
for
be resolved
safety of chemical
Chairman Kelley, to
main building is
plan submitted to
of Publication and Certificate of Mailing
10
MINUTES OF THE PLANNING COlMMISSION MEETING HELD JULY
21, 1986
#1051 GLESHE continued
Assistant Zoning Gaf f ron explained t:le request for �
area - lot width variances to constructq lot
substandard lot. He rev' a residence on a
lowed the history of the
subdivision into 4 lots (each approximate)
which occurred in 1971 of which y 2 /3 acre)
three lots of s were built
on. In 1971 it was customary to collect the $1270 sewer
unit fee at the time the building permit was the 4th lot, and
issued.
--
No
building permit was ever issued fo.
staff finds no record that the 4th sewer unit was ever
paid. Staff recommends that if the applicant is
to verify that the sewer unit was P unable
can find no record of it being paid and the city
ng paid; it must be
collected when/if the building permit is issued now.
Ronald Glesne was present for this matter, as were th
prospective buyers cf the lot, David & Cheri Will e
G lesne stated that he talked to the Mr.
Arthur Ah lm who subdivided Previous owner,
ded the property, and Mr. Ahlm
no longer has those records nor can he remember, if th
the sewer unit fee was paid. David Wi 11 stated t e
did not feel that the should d that he
Y have to pay this fee
ee and
that requiring them to pay the fee may
difference as to whether or not y makthe
they can purchase the
lot.
No one was present from the public regardin this matter
and the public hearing was closed. g
It. was moved by Chairman Kelley, seconded b Bellows to
recommend approval 1 y '
PP per staff recommendation and
conditions as outlined,, including Condition #1 requiring
the sewer unit fee to be collected with issuance q g
building permit. Motion, Ayes b Nays s 0 or a
Chairman Kelley advised the propsecti ve buyers of the
property to meet with staff regarding y
hardcover regu la t i cns , g n 9 the City's
# 10 5 2 JOHN T . SPENCE
2040 NORTH SHORT DRIVE
VARIANCES
PUBLIC HEARING 10:14 - 10:25
The Affidavit of Publication ant] Chrti cate of Mailing
was noted. g
Zoning Administrator Mabusth explained the re ue�t for
variances to build a new 81x6' shed and q
lineal feet of a 3-1 2�+ to replace 56
/ privacy fence within the
lakeshore portion of his property. The original sh
and section of the lake yard fence w shed
Y were damaged in an
automobile accident within the past_ few months.
11
MINUTES OF THE PLANNING COMMISSION NERTING HELD JULY 21 19
86
#1052 SPENCE continued
John Spence was present for this matter and stated that
his original request was to replace the dama ed portion
of snow fence, but would like to amend his g e on
request for
replace the entire fence with a 3-1/2' cedar fence with
a matching gate in the idea �i,:d .c location as the
existing fence. He stated that he needed the fence to
control debris from the County road and felt that the
better quality fence would enhance the ro ez ty.
Regarding the shed, he would like to rep
lace t p the damage
shed with a new 8'x6' shed in order to store a
.Lawnmower, boating equipment. A lock box is not
large enough to store these things, noting the distance
from the house to lake too far to carry these items
across the County road safely. He also noted that he
would like to replace the shed on the e-istin
foundation 6' from the south lot line which abu g
tts the
Ci t y's property. If he is required to re 1 ocate the shed
the required 10' from the lot line it would be more
visi bJ e to, the road.
No onc! wa:= present from the public regarding this matter
and the pleb.' i.c hearing was closed.
Ge�Etten stated that it was her understanding that the
have never allowed rebuilding of structures within y
thin the
C-75' setback and she is not against the fence, but is
not in favor of rebuilding the shed.
McDonald agreed that for safety reasons, applicant
srou lC be allowed the larger shed to store the items
necessary.
It was moved by Callahan, seconded by McDonald, to
recommend approval of hardcover and lakeshore, street
and side setback variances required to permit. the
installation c)f new fencing and rebuilding of accessory
stricture, citing the safetyreasons to allow
o the shed.
Motion, Ayes 5, Nays 1. Goetten voted nay for the
reason she previously stated.
# 10 5 3 RAY14OND J . ROSAK
3265 CARMAN ROAD
CONDITIONAL USE PERMIT AND VARIANCE
PUBLIC HEARING 10 : 2 3 - 1) :10
Ti-e Affidavit oA Purl ication and Certificate of Mailing
wa a :�ote�� � 9
.Ray,:!ond Koc-,:; was present for this matter, as was his
planner, Greg Kopischke. Mr. Kosak stated that he is
trying t-o upgrade his property so it is consistant with
the neighboring properties. He noted that a portion of
thle proposed plan has already been constructed without a
perwi f due to lack of knowledge regarding permits.
MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986
# 1 Q 5 3 ROSAN continued
Greg Kopi sChke Stated that the decking around the pool
was needed for safety concerns and some of P
the other
decking to help protect the slopes from erosion. He
noted that the hardship was a substandard lot.
Zoning Administrator Ma busth explained the requests as
follows:
a) a conditional use permit for construction of new
retaining wall and replacement of existing wall 0-
75' lakeshore
b) variances for alterations/retaining wall within
defined protected area
c) lakeshore setback variance within 0-75' for
- proposed 61' - required 75' - variance 14' or
d) hardcover variances:
0-75' area - existing = 141 s.f.
- proposed = 1463 s . f .
- allowed = 0%
75-250' area - existing = 2821
-- proposed = 3583
- allowed 25%
or 1.9%
or 20%
s , f , or 22%
s . f . or 2 8 %
decks
19%
(Note: bits s.f, or 5.3% of the existing is part
of the proposed plan already constructed without
a permit)
Zoning Administrator Mabusth explained that the
improvements involved the removal of lakeside
porches/decks and patio area and replacing them with
various levels of spaced wooded decking. She pointed
out the portions that have already been constructed.
She noted that applicant proposes to place rock mulch
cver a geotechnica 1 filter fabric under the spaced
wooded deck area allowing rainfall, to filter through.
Goetten stated that the deck appeared to be as large as
the house area and applicant bought into the hardship of
a substandard lot.
Bellows stated that she could not condone the issue of
the applicant/contractor's ignorance of a building
permit. being required.
No one was present from the public regarding this matter
and the public hearing was closed. (Note: Nine letters
of approval of the proposed plan were received from the
neighbors, which were included in the Planning
Commission packet.)
l'A
MINUTES OF THE PLAMMING COMMISSION MEETING HELD JULY 21, 1986
#1053 ROSAIC continued
After a lengthy review and discussion of the various
levels of decking and retaining wall proposal, it was
moved by Chairman Kelley, seconded by Goetten, to
approve a conditional use permit and variance for the
construction of a retaining wall and replacement of an
existing wall within 75 feet of the lakeshore based on
the overall decrease in hardcover of 1 s.f. and to deter
bank erosion. To approve hardcover and setback
variances for portions of the existing deck as follows:
1. Cut back deck allowing 5 feet around the pool and
to angle back along a support beam as one moves
eastward - relocate stairs.
2. Upper deck (proposed and existing) allowed.
3. No further expansion of decks on lower levels.
Motion, Ayes 6, Nays 0.
NOTE: Planning Commission member Taylor was excused from the meeting at
this time.
#1054 S SCHNEBLY
2555 COUNTRYSIDE DRIVE
VARIANCE
PUBLIC HEARING 11:15 -
The
was
11:19
Af f idavit of
noted.
Publication and Certificate of Mailing
Assistant Zoning Administrator Gaffron explained the
request for an after -the -fact variance to constrict
entrance walls in front yard which exceed the allowed
42110 In addition, if the entrance walls are considered
as an accessory structure, no accessory structures are
allowed in front yards,
Steven Schnebly was present for this matter and stated
that the Countryside Association has a covenant which
allows fences and knew a permit was not required for the
fence (which he assumed included the entrance walls),,
Bellows stated that she would ha e a problem approving
this application on the basis that it is already
constructed and noting a previous application in which
the proposed wall seemed to serve a much more useful
purpose yet was denied.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Goetten, seconded by McDonald, to
recommend approval. of the after -the -fact variance for
entrance walls noting that they are not. a safety hazard.
Motion, Ayes 3, Nays 2. Bellows and Callahan voted nay.
!MINUTES OF THE PLANN I NG COMISSION MEETING HELD J ULY 21r 1986
# 10 5 5 DANIEL LSE BIiRGG
500 ORCHARD PARK DRIVE
VARIANCE
PUBLIC HZARING 11:19 - 11: 3 2
The Affidavit of Publication and Certificate of Mailing
was noted,
Assistant Zoning Administrator Gaffron explained the
request. The applicant who is a potter wishes to buy
the property at 500 Orchard Park Road contingent upon
approval of his request. He requests a variance
q riance to
conduct a home occupation in a detached accessory
structure or side setback variances to add a pottery
studio to house or to existing barn. He noted the items
of concern within the home occupation standards a) the
home occupation must be conducted within the principal
structure, entrance must be gained from within the
structure; and b) no excessive stock in trade may be
stored on the premises.
Consuelo Carruthers, 580 Orchard Park Road, stated she
was against a -^ammercia 1 use in that area and feels
there may be a fire hazard involved with a kiln.
Daniel
Bragg
was present for this matter
along with his
realtor.
Mr..
Bragg stated that the kiln
is very safe.
Planning Commission indicated that they would be more
likely to approve a studio added to the residence,
however applicant did not have any proposed addition
plans for the Planning Commission to consider and
review.
Callahan noted that he found
felt that the use was not
neighborhood and therefore he
no hardship involved and
in character with the
was against the request.
Bellows noted that a proposed studio of 1000 s. f . would
be larger than the principal residence. She also noted
that given the location of the principal residence and
type of business, she felt that a detached structure
would probably be more suitable.
Chairman
Kelley stated
that if
a studio
were added on to
the
residence, it should
be to
the back
of the house.
Due to the t 1me limit involved in purchasing the
property, applicant requested that Planning Commission
act on the request as submitted rather than table for
further review.
There were no other comments from the public and the
public hearing was closed,
15
HINUTBS OF THE PLAIMING CONXISSION MEETING HELD JULY 21• 1986
#1055 BRAGG continued
It was moved
to recommend
stating they
Motion, Ayes
APPROVAL OF !MINUTES
by Chairman Ke 1 1 ey, seconded by Callahan,
denial of the application as proposed
can not approve an addition without plans.
5, Nays 0.
It was moved by Callahan, seconded by Goetten, to
approve the Minutes of the June 16, 1986 Planning
Commission meeting as submitted. Motion, Ayes 5, Nays
0, y
PLRNNING COMM SSION REPRESENTATIVE
Paul Taylor was appointed to attend the August 11, 1986
Council meeting.
It was moved by Chiarman Kelley,
adjourn the Planning Commission
Motion, Ayes 5, Nays 0.
seconded by Bellows, to
meeting at 11: 4 7 Pame
16