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HomeMy WebLinkAbout08-18-1986 Planning MinutesPLANNING COMMISSION MEETING MONDAY, AUGUST 18, 1986 7 : 3 0 Pe Me 1275 BROWN ROAD SOUTH - COUNCIL CERMBERS COUNCIL REPRESENTATIVE - Tom Frahm ACTION ITEMS 1. #1039 Wm J. Ulrich, 1595 Bohns Point Rc:-d - Conditional Use Permit/Variance 2. #1056 alai Hanson, 1390 Railroad Avenue - Variance - Continuation of Public Hearing 3. #1046 Douglas J. Zumbusch, 1535 Long Lake Blvd. - Conditional Use Permit - Continuation of Public Hearing 4. #1048/1049 Washington Scientific, Inc., 2605 Wayzata - Commercial Site Plan Variance,y Blvd. Conditional Use Permit - Continuation of Public Hearing 5. #1063 Washington Scientific, Inc., 2605 Wayzata Blvd. - Variance - Public Hearin y g 6. #1059 Margaret Bjork, 2259 Shadywood Road - Conditional Use Permit - Public Hearing 7. #1060 J. F. Fleischhacker, 2775 Shadywood Road -- Variance - Public Hearing 8. #1061 Larry and Linda Cook, 3765 Watertown Road - Variance - Public Hearing 9. #1062 Ingeborg Cici, 875 Wayzata Blvd. - Conditional Use Permit - Public Hearing 10. #1064 City of Orono, Spates Avenue Right -of -Way- After -the -Fact Conditional Use Permit mit & Variance - Public Hearing 11. Zoning Amendment - Allow attached dwellings with PRD Deve lopment elopment - Continuation of Public Hearing ADDITIONAL ITEMS 12. Planning Commission approval of July 21, 1986 Minutes, 13. Planning Commission to select a representative to attend September 8, 1986 Council Meeting, the ADJOURNMENT MI NUTFS OF THE PIANN I NG COMMISSION MEETING HELD AUGUST 18 , 1986 ATTENDANCE 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Bellows, Rovegnc, Goetten, McDonald, and Hanson. Taylor was Absen*. The following represented the City staff: Building & coning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. Also present were Councilmember Frahm and Consulting Engineer Mike Lynch. #1039 WIC. J ULRICH 1595 BOHN ' S POINT ROAD CONDITIONAL USE PER, MIT/VARIANCE SE�REVIEW 9 :15 - 10 : 0 9 Applicant's Attorney Tom Humphrey introduced the following people present for this matter: John Noble, Project Director; Mark Gron her q, Surveyor; Cliff Reep, Independant Shore -line Consultant; George Shoppie, Master Plumber & Engineer; Dean Buendorf, Vice President of Terra - Therm Inc. the manufacturer and distributer of the proposed geothermal heating/cooling system. Based on concerns raised at the last Planning Commission meeting, Mr. Humphrey noted that the following conclusions can be made from the supportive data: 1. The well will not have a significant impact on other wells in the area nor on the water table. 2. There wi 1 1 not be any de-icing of fect on Lake Minnetonka as a resli 1 t of either the velocity or temperature of water discharged. 3. Because the discharge pipe is on the bottom of the lagoon, there will be no navigational hazard to traffic on Lake Minnetonka. 4. Because it is a closed system there will be no pollution hazard. Mr. Humphrey noted that this system which the applicant has chosen to use is a permitted system. Addressing the hardship involved with the location of discharge pipe in the lagoon vs. the wetland area, he stated that if the pipe were discharged in the wetland area, there would be a chance of the pipe freezing making the system inoperable. Mr. Humphrey reviewed the other agencies approval as follows: DNR - They have issued the well permit that has permitted the installation of the well and also the use of the water for heating and cooling. Dept. of Fisheries - They find no harmful effects from the water discharged into the lagoon, J MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 # 10 3 9 ULRICH CONT t NUED Pollution Control Agency - Applications on this level of usage are being permitted and monitored. LMCD - Concerned regarding the possibility of a de- icing effect. They have the authority to prohibit the use of this system if it causes a de-icing effect.. Dean Buendorf of Terra -Therm stated that they have installed over 1800 systems in Minnesota. He noted that they are basically for residential use but have also installed for commercial operations. He noted that there was a similar system currently in operation on Bald Eagle I a k in White Bear Lake. He stated that that system has not- --r eated a de-icing effect. Planning Commis:: on recommended that staff contact the owner of the system in White Bear Lake for more understanding of this system. George Shoppie state) that. based on his experience and his research calculation, he stated the discharge pipe will not create a de -.icing effect. Bellows asked him if the the discharge pipe might prevent the ice from forming in the first place. Mr. Shoppie stated no because th'e freezing action is greater than the thawing action of system and during the time of year when the ice is freezing, the system is not operating at full capacity. Rovegno questioned the validity of a linear equal velocity over the entire 20' of pipe. Mr. Shoppie stated facts that the pressure would 1)e equal. supported his finding that City Consulting Engineer Mike Lynch supported Mr. Shoppie in his finding stating t.l.at the di f fPrence would be negligable . McDonald expressed concerns with setting a precedent by allowing this type of system and the impact on the lake if many of these systems were installed. Addressing McDona ld's concern, Cliff Reep stated that there would be 1 it t 1 e impact on the lake level due to evaporation and contol by the Gray's Bay Dam. E HINUTNS OF THE PLANNING COlrlKI SS ION IKEETI NG HELD AUGUST 18 1986 #1039 ULRICB CONTINUED Goetten stated that Freshwater Biological system, she would like input from the Institute regarding this type of Chairman Kelley stated that if the system is approved, he wc;uld like the City to review the system p on a yearly basis in the winter months to check on the ice issue. Rovegno recommended that erosion control conditions be included if the system is approved. Hanson stated that he had no problems with the system and felt comfortable due to a 11 the regulatory agencies involved. Counci lmember Frahm stated that he also would like comments from the FWBI on this system. McDonald voiced concerns regarding the aquifer and running out of water. It was moved by Chairman Kelley, seconded by Rovegno, to recommend approval of the conditional use permit/variance for construction of a pipe within 75' of the lake, subject to the following conditions: 1. City be allowed to review the operations of the system for a period of 5 years on a yearly basis. 2. City receive favorable written documentation from the FWBI on their opinion regarding the effects on the lake and aquafer. 3. City will close the operation if the system causes any de- a_ cing effect. 4. Appropriate erosion control measures be taken during construction of the pipe and at tl'.e entrance of the lagoon . Motion, Ayes 3, Nays 3. Goetten, Bellows, and McDonald voted nay, Goetten stated that she felt this matter should be tabled until the information from FWBI is received. Bellows stated that although she is for this type of system, she feels there is a problem with no basis of a hardship to support the request. Chairman Kelley stated that the issue before them and the intent of the code is to protect the hardcover within the 0-75' zone and by digging a hole, placing a pipe and refilling the hole back to its original state will not increase the hardcover.. 3 MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 #1039 ULRICH CONTINUED McDonald stated that two precedents would be set being 1) allowing the system without proof of hardship; 2 ) opening up this type of system being allowed owe Y g a d for everybody, of which impact concerns her. Goetten stated that she agreed with McDonald, she is concerned about the aquifer. She noted that she feels there has been enough variances, conditional use permits, land alterations etc. on this property and she refuses to grant anything else. # 10 5 6 OLA I HANSON 1390 RAILROAD AVENUE VARIANCE CONTINUATION OF PUBLIC olai HEARING 7:34 - 7:50 Hanson was present for this matter. Assistant Zoning Administrator Gaffron explained the conf licting surveys. He submitted the survey which staff feels they are bound to accept as the correct survey from Mr. Hanson. This survey shows the Golden garage over onto Hanson's property. Frances Golden was present for this matter and stated that he protests this application and still maintains that his :purvey dated in 1950 should be honored due to the statute of limitations. Chairman Kelley stated that the Planning Commission must act on staf f's recommendation of the correct survey and if Mr. Golden does not agree with their recommendation, he should get his facts in order and submit them to the City Council and City Attorney. Mrs. Golden stated that they felt the proposed garage would be detrimental to their garden. Rovegno suggested that the Planning Commission eliminate discussion on which survey is correct and act on a reasonable compromise location i.e. 7' from "Lot line rather than the proposed 4' from lot line. Mr. Hanson stated that. to move the garage over to the 10' setback line would create a problem with maneuvering the car into the garage and spoil the backyard. Bellows stated that she agreed with applicants reasons on the garage location. Chairman Kelley asked why the 4' to the south. 2 garage could not be placed MINUTES OF THE P"A"ING COMUSSION MEETING HELD AUGUST 18 , 1986 # 10 5 6 HANSON CONTINUED Assistant Zoning Administrator Gaffron stated that the only re -3son he found for not moving the garage back 4' would be creating a sharper angle required to enter and exit the garage. Chairman Kelley noted that the turnaround would accomodate that problem. There were no other comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded recommend denial of the 4' setback requested. Motion, Ayes 4, Nays 2. McDonald voted nay. McDonald stating should be allowed to revise his request line before denial* # 10 46 DOUGLAS J . ZUnnUSCH 1535 LONG LAGS BOULEVARD CONDITIONAL USE PHRMIT d by Goetten, to variance as Bellows and that applicant to 7' from lot %-UNTINUATION OF PUBLIC HEARING 7:52 - 7:57 Douglas J. Zumbusch and his landscaper, Robert LaFa vor, were present for this matter. Assistant Zoning Administrator Gaffron stated that staff has located a least 3 of the drainfields and anticipate no problems as far as disruption of septic system. Applicant has had a survey done but they have not received a hard copy as yet. He stated that Mr. La Favor indicates that the stairs and landings will be constructed with pervious non -hardcover platforms in order to decrease the amount of hardcover. Mr. LaFa vor submitted photos of the proposed steps and landings contructed of timbers with inlaid rock with fiber mat underneath. 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 per staff recommendation amending condition #3 to state that the stairs and landings will be lined with geotechnica 1. material... Motion, Ayes 6, Nays 0 , MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 #1063 TiiASHINGTON SCIENTIFIC, INC. 2605 WAYZATA BOULEVARD VARIAME PUBLIC HEARING 7:58 - 8:07 The Affidavit of Publication and Certificate of Mailing was ncted. Representing Washington Scientific, Inc. were Joseph Pallansch and Mike Unger. As required, applicant requests a variance to the Hwy. 12 Moratorium so that they may proceed on applications #1048 & #1049. Zoning Administrator Mabusth stated that the WSI property has never been considered for rezoning within the Hwy. 12 Study. She noted that during the study they have considered an access corridor to the new industrial complex adjacent to the east. She stated that staff and applicant have agreed to a 60'easement adjacent to Hwy. 12 for the proposed road. Bellows noted that the proposed road within the study has little effect relative to the location of the proposed building. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval of the variance to the Moratorium Ordinance 13, Second Series. Motion, Ayes 6, Nays 0. #1048/#1049 WASHINGTON SCIENTIFIC, INC. 2605 WAYZATA BOULxvARD CONKERCIAL S I TB PLAN/VARIANCE/CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 8 : 0 8 - 8 :13 Representing Washington Scientific, Inc. were Joseph Pollansch and Mike Unger, Chairman Kelley noted that. WSI has met all the appropriate agency requirements of storing chemicals. He reminded the applicant that his concern from the last meeting wa resolving the sprinkling of the main building. Mike Unger stated that the rates of fire insurance has prompted them to recommend to the WSI Board, at their August 27th Board meeting, that they sprinkle the building before January 1. 1987. Go MINUTES OF THE PLANNING COMISSION MEETING HELD AUGUST 18 1986 #1048/#1049 WASHINGTON SCIENTIFIC CONTINUED Regarding the application for a variance and conditional use permit to construct the building, Mr. Unger stated that the building is needed due to a PCA inspection requiring adequate storage for their chemicals,p There were no other comments from the public regarding i n g g this matter and the Public Hearing was closed. It was moved by Chairman Kelley, seconded by McDonald, to recommend approval per staff recommendation subject t^ WSI submitting a statement from the Board Meeting approving the installation of a sprinkling system prior to the September 8th Council meeting when the Council will review this application. Motion, Ayes 6, Nays 0. #1059 NARGARRT WORK 2259 SHADYWOOD ROAD CONDITIONLAL USE PERMIT PUBLIC HEMI NG 8 :14 - 8 : 3 7 The Affidavit was noted. of Publication and Certificate of Mailing Representing the applicant were Don Bjork, applicant's son, and their real estate agent, Ruthanne Lang. Applicant requests a conditional use permit to permit the property at 2259 Shadywood Road to be used as 2 residential units (duplex) in light of the unique history of use of the property. Applicant q Y Pp wishes to sell this property as she can no longer maintain it. Zoning Administrator Mabusth reviewed the floor plan separate which indicate that their are two se ' p living units with separate entries. She noted that the two building permits dated in 1976 and 1980 which were o issued to remodel the house for a mother-in-law apartment both specifically note that it is not to be used as a duplex or for rental income. Today, it is obviously being used a duplex use. Don B jork explained the history of the property and the change of his families circumstances. He noted how his family had improved the property. He stated that this house is definitely now a duplex, which the City help to create, and there is a hardship being they cannot sell the property unless it is granted a duplex use by the City. He asks that. the City realize what is actually there and help them with this bad situation. Zoning Administrator Mabusth stated that staff finds no way to make this property a legal non -conforming use. 6 MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18 , 1986 #1059 WORK CONTINUED Bellows stated that she had sympathy with the Bjork family however she failed to find a hardship involved other than financial. She feels that this property could be sold with a mother-in-law apartment. Goetten noted that the city is looking at an amendment regarding duplex use. She also noted the fact that this property has been assessed 2 sewer and 2 water units. Zoning Administrator Mabusth stated that the property has only 1 meter. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Chairman Kelley, to recommend denial of the use of this structure as a duplex unit based on the fact that the owners have been on notice for the last ten years that this is not to be used as a rental or duplex unit. Motion, Ayes 4, Nays 2. Goetten and Hanson voted nay stating that staff should review possible legal remedies that may be available. Applicant was advised to work with staff on this problem before being heard by the Council. # 10 6 0 J e F e FLE I SCHHACKER 2775 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 8:40 - 8:50 The Affidavit of Publication and Certificate of Mailing was noted. Mr. Fleischhacker was present for this matter. Assistant Zoning Administrator Gaffron explaing the request for hardcover, average lakeshore setback, and structure in 0-75' setback zone variances to construct a two -level deck in order to gain access from their upper floor level to the rear yard without blocking any windows. Per his memo, applicant proposes to have a non -hardcover surface underneath deck and shrubbery screens the proposed deck from the most affected neighbor. Bellows stated that she felt there were ways to construct the stairway with less enfringement in the 75' setback area. 1 MINUTES OF TSB PI.RMING COMMISSION MEETING HELD AUGUST 18 , 1986 # 106 0 FI.BISCURMlC1CI�R COIf�I�iUED Chairman Kelley stated that he did not feel the average lakeshore setback was an issue because of the screening by shrubbery but would rather the deck be constructed to stay behind the 75' line as much as possible. Based on Planning Commission's comments, Mr. Fleischhacker would like this matter tabled so he can come up with another plan to submit at the October Planning Commission meeting. It was moved by McDor.,t- veconded by Hanson, to table this application un:-. the October meeting giving applicant direction to scale the deck back as much as possible. Motion, Ayes 6, Nays 0. # 10 61 LAMY AND LI NDA COOK 3765 WATgR-immN ROAD VARIANCE PUBLIC HERRING 8:57 - 9:05 The Affidavit was noted. of Publication and Certificate of Mailing Larry and Linda Cook were present for this matter. Assistant Zoning Administrator Gaffron explained the request f or a s ide setback variance to a 1 low construction of a 20'x30' horse barn to be located 10' from the east lot line. The property to the east is the Butterfield Greenhouses, Chairman Kelley asked applicant why the barn is proposed to be located near the east lot line rather than centered on the property, where an 80-90' setback from both side lot lines is possible, and asked what are the the hardships involved. Mr. Cook stated that regardless of where they place the barn a variance is requires and based on this, they would like to preserve the continuity of the property to provide room for a pasture and riding ring. They proposed a 3 stall barn. Bellows stated that this is an extremely difficult piece of property and very definite 1t., a rural area and she would rather have the barn be built closer to the greenhouse property, which is a commercial use, than center it on the property. Rovegno stated that he felt it should at least comply with setback requirements for a principal structure, which is 50' from lot line. X MINUTES OF THE PLANNING COMISSION MEETING HELD AUGUST 18, 1986 #1061 COOK CONTINUED It was noted that there has not been any objection from the affected neighbor Butterf ie lds. Applicant was advised to obtain written approval for the city records. No one was pre:,ent from the public regarding this matter and the public nearing was closed. It was moved by Chairman Kelley, seconded by Rovegno, to recommend approval of a variance to construct a barn 50' from the east lot line. Motion, Ayes 6, Nays 0. # 106 2 IRG CICI 875 WAYZATA BOULEVARD CONDITIONAL USE PERMIT i COMMC IAL S I TB PLAN REVIEW PUBLIC HEARING 8 : 0 6 - 8 :15 The Affidavit was noted. of Publication and Certificate of Mailing Ingeborg Cici was present for this matter. Also present were P.M. Cici, Christine Cici, and Peter H. Watson, applicant's attorney. Pastor ::hi tesel l of the Vineyard of the Lake Church was also present for this matter and stated that he feels the applicants are good tenants and the proposal. would be a good use of the property. Attorney Watson stated that they have reviewed staff's memo and recommendation and find no problems. He asked if the Planning Commission %-.uuld consider this application and make their recommendation at this meeting so that the sale of the property, which is contingent upon approval of their plan by the city, will not be delayed. Zoning Administrator Mabusth stated that an additional problem was brought to her attention today, being that staf f has been asked to review the access issue with the City of Wayzata and the State Highway Dept. reason being moving the access for safety concerns. 7n addition to the access issue being resolved, it was noted that the septic system information, signage plans, and response from the City Engineer regarding drainage plans have not been received, therefore, staff recommends that this application be tabled pending this it 4 ormation. Bellows noted that she would like to see a rf i ssessment of the number of fire exits. Applicants noted that the proposed plan is just a rough plan and that they fully intend to comply with the licensing requirements for day care facilities. 1.0 KIVUSBS OF THE PLAY'NING COMMISSION MEETING HELD AUGUST 18 , 1986 # 10 6 2 CICI CONTINUED Rovegno qu,--:�stioned the need for a 30' wide access as recommended by Chief Kilbo. It was moved by Chairman Kelley, seconded by Goetten, to table this application pending additional information. Motion, Ayes 6, Nays 0. #1064 CITY OF ORONO SPATES AVENUE RIGHT-OF-WAY AFTER-T CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 10:10 - 10:37 The Affidavit of Publication and Certificate of Mailing was noted. Rovegno retired his Planning Commission seat because he is an abutting property owner to this application and wished to testify opposition in this matter. As noted in his memo, Assistant Zoning Administrator Gaffron explained that the City was remiss ir, nct making a formal application for conditional use permit for the Crystal Bay Lift station which was pointed out to staff after -the -fact. He noted that this code section has been in the Zoning code since at least 1968, but staff finds no record of any previous formal applications by the City for the many other lift stations constructed since that time and that it appears to have been the standard past procedure to approve the lift stations as part of the public hearing review process for overall sewer projects. He explained that the code section includes a standard of 50' setback from any residential lot line for service structures and he noted that this code section makes it virtually impossible to locate a lift station within any residential zone in Orono. George Rovegno, 2010 Shoreline Drive, stated that the original location for the lift station was proposed to be on his property in which he found problems with and through his attorney had the location changed. He noted that he brought the issue of the required conditional use permit to Public Works Coordinator Gerhardson last December and also told him to contact Dan Crear regarding the new proposed location of the lift station. He stated that he would like to add further a formal complaint that the City requires variances for the additional hardcover placed within the 0-75' setback area. He stated that there was no hardship involved in the placement of this lift station and submits that the City has the absolute ability to place the lift station anywhere they wish and to condemn whatever land is required for placement. He noted the problem with the gas station property abutting the lift station which i s 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18• 1986 # 10 6 4 CITY OF ORONO CONTINUED questionably legal b,�c-ause the operation did interrupt for more than 12 mol,ths after it became a l p legal non - conform ng use. Ht: stated that is a bad use of the property that has riot been operated according to its conditional use permit and the City has consistent) refused to force the operator to correctproblems the y . He submits that the appropriate answer to the lift station wou.l d have been for the City to condemn the entire property because the yard cannot be reduced in a substandard lot, to tear down gas tation and remove a l l that hardcover, and place the lift station more than 50' from the Crear residence and other properties. He stated that every lift station that does not meet the code conditions should be subject to an application and should be denied or granted on its own merits, not because its already there noting that the only issue of replacement is financial which is not a valid hardship. He further stated that he felt the process in which the City followed in placement of the lift station was deceptive a?,d ,.-Nt in the open. Dan Crear, 1980 Spates Ave., stated that the City has been negligent in notifying him regarding the placement of the lift station and other matters such as the recent blacktop on his property to solve a drainage problem. He stated that the lift station was so visibly close (15' from property line, 401 from house) to his house and interferes with his already limited view of the lake and that he is opposed to any more decoration of the lift station. He noted that the sewer and lift station issue has affected him considerably because he is not able to sell his house for a reasonable amount in addition to problems involving the actual hookup from his house to sewer. La Dean McWilliams, 1 130 Wi 1 low Drive, noted that it costs the Crystal Bay residents an additional $5, 000 to change the location of the lift station from Rovegrio's property to the present 1 oca+ ion, and that the City approved this without a public hearing, No one was present from the public regarding this matter and the public hearing was closed, McDonald asked if is was possible to relocate the lift station up on the City office property. Consulting Engineer Mike Lynch stated it would require another lift station noting issues of the extreme depth of the existing gravity sewer. 12 MINUTES OF THE PLANNING COMMI S S I Old MEETING HSLD AUGUST 18 , 1986 # 106 4 CITY OF ORONO CONTINUED Chairman Kelley stated that based on the testimony given tonight that the City has acted flagrantly in this matter and that this problem shou ].d be forwarded to the Council. Therefore, it was moved by Chairman Kelley, seconded by Goetten, to deny the after--the-fact conditional use permit. Motion, Ayes 6, Nays 0. ZONING !ENT ATTAC88D D NJ6LINGS WITH PRD DEVELOPE)ONT CONTINUATIOBI OF PUBLIC HEARING Planning Commission tabled this matter at this time. APPROVAL OF MINUTES It was moved by Chairman Kelley, seconded by Bellows, to approve the Minutes from the July 21, 1986 Planning Commission meeting. Motion, Ayes 6, Nays 0. COUNCIL MEETING REPRESENTATIVE Planning Commission member Rovegno was appointed to attend the September 8, 1986 Council meeting. ADJOURNMENT 10 : 40 P.M. It was moved adjourn the Motion, Ayes by Chairman Kelley, seconded by Bellows, to Planning Commission meeting at 10:40 P.M. 6, Nays 0. 13