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HomeMy WebLinkAbout10-02-1986 Planning MinutesPLANNING COMMISSION MEE NG MONDAY , OCTOBER 2 0, 1986 7: 3 0 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Ed Callahan ATTENDANCE PUBLIC HEARINGS 1. 7:30 p.m. #1080 John McDowell, 3700, 3750, 3770, 3780, 3820, 3830 and 3860 Bayside Road -- Rezoning 2. 7:45 p.m. #1083 Thomas Bernier, Doug Klint and Gary Barr 3535, 3545 Ivy Place and 3034 Casco Point Road Renewal of Subdivi�iun of a Lot Line Rearrangement ACTION ITEMS 3. #1060 J.F. Fleischhacker, 2775 Shadywood Road - Variance - Second Review 4. #1062 Ingeborg Cici, 875 Wayzata Boulevard - Conditional Use Permit/Commercial Site Plan Review 5. #1070 Richard Rinehart, 985 Old Long Lake Road - Variance - Second Review 6. #1078 John Massopust, 440 South Brown Road - Conditional Use Permit - Public Hearing 7. #1081 Gregory W. Long, 3359 Crystal Bay Road -- Variances - Public Hearing 8. #1082 John F. Dougan, 2785 White Oak Circle - Conditional Use Permit - Public Hearing 9. #1084 Robert Maxfield, 4175 North Shore Drive - Variances - Public Hearing 10. #1085 Richard E. Brown, 1245 Sixth Avenue North - Variances - Public Hearing SKETCH PLAN REVIEW 11. #1086 Charles Pexa, 1200 Lyman Avenue - Sketch Plan Review - Subdivision ADDITIONAL ITEMS 12. Planning Commission approval of September 15, 1986 minutes. 13. Planning Commission to select a representative to attend the November 10, 1986 Council Meeting. ADJOURNMENT MINUTES OF THE PLANNING CON14I SS I ON MEETING HELD OCTOBER 2 8 , 1986 ATTENDANCE 7:30 PM The Orono Planning Commission inet on the above date with the following members present: Chairman Kelley, Bellows, Ooe tten, and MC -Duna ld. Rovegno, Taylor, and Hanson were absent. The following represented the City staff: Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recor(aer Peterson. Counc: i imemaer Cal lahan was also present. #1080 JOHN MCDOWELL 3700, 37-500, 37701 3780, 3820, 3830 AND 3860 BAYSIDE ROAD REZONING PUBLIC: HEARING 7:31 - 8:54 The A f iJ'avi t of Publ i:�at i _in an,: Certificate of Mailing was noted '3resent for tifiis ►;,attuir were: John i1::Dowe1 1, his attorney Tom Humphrey; and Gary Peterson and Peg Swanson, aL , assist.iny him with this aL_)pli:.atiuri. Andrew 'L1 i ner and John Burger were also present. Zoning Adm i n i s t r a t(ir t4a,)us th exp l a i lieu that the appl icant,John McDowell, is the potential buyer of the [liner tract; and the owners who aLtively seek the rezoning are Andrew Miner and .John Burger. In addition, Hazel Andersen aria James Maus are the aJjac:ent property owners whose properties are included in the areas to be rezoneJ, however, neither James ;Maus nur Hazel Anderson wish to be part of the formal rezoning petition. Since the first review, it has been discovered that the City zoning maps are incorrect and show Steve Gardiner's .39 acre property included in tale RR-lA zone whereas it is actually in the LR-lA -none so it is not included in this rezoning request. ;�ojling Administrator Ma:}usth reveiweiA the areas involveC.; in the proposei rezoning f rom 5 acre rural zone to a 2 acre rural Lone. She explainej tiiGt i,L' the area were rezone,i there would be a potential of 10 residential units ,_, TIpared t,) the current. 6 r�2siuential units. Public Comments Jerry S Can .ace 1ww.lett.,2, their concerns regarding sitar L2 _. du_ ks that wuu 1.. be road that would be within wGu lv create ink-)r,� t1:,If i._. 1 3; 75 Sad si.�e Ruad - noted Outlot A an"' the number of a 4 1 owe .; a►►,_i a-ksi a pr oposeu view of their k i ;:Chen anu MINUTES OF THE PLANNING C01-91ISSION MEETING HELD OCTOBER 29, 1986 #1089 MCDOWELL CONTINUED Zoning Administrator 1".iaousth stated that the propusetl rezoning woulc: have no effect on the number of shared Jacks a 1 lower:. Out -lot A (-)wn:,6 by t,iner could Have a maximum of 3 boat slip.,:-,, and John Burger's outlot could have a i,laximum of 4 boat s i ips bas`u on LM%2D standard of 50 feet lineal footage of shoreline per boat slip. tlary Lou Swenson, represeating iiaze�. Andersun of 3780 Bayside Rd. - voiced concern regarding a lakeside easomen t rema i n i n,3 unc.har►tye:i. Zoning Administrator 14abusth stated that the area Ms. Swenson was reierr ini j to was a platted unimproved right- of-way owned by the City and not included in this application. Mr. & Mrs. Curtis Levang, 4010 Bayside Road South - Mr. Levang voiced their opposition to the proposal stating that they moved to Orono for its rural, uncongested lifestyle where five acre zoning ensured the l i lesty le they wanted. He asked the City to uphold the originial intent of the law as it sought to protect the City of Orono. Steve Gar Jiner, 3770 Bayside Road - stated he was opposed to the proposal because he wished to preserve the rural environment of the area and that the proposal' may create an additional roa.� surrounding his property by roads on three si._ es. lie urged the City to have an environmental. study of the impact to Lake Ainnetonka dune. Gar,- Connell, 4-J 35 Bayside Roa t - srat(2-. he ownuu 12-3/4 acres and was opposed to the proposal because he bought this property an;s bui it his h:.jme in this area because of the rural low density area. He stated that he was in favor of deveiopine►tt within the existii-,g gui,�e1ines. He noted that his property will overlook a 11 the proposed new properties. In ak-.(j i t ion, he note) that the need for seta 1 ler lots is not present. Mr. Conne 1 Al submitted a petition with approximately 60 signatures oppusing the rezoning proposal. He also submitted a graphic summary regarding the petition response. John Burger, 3750 Bayside Rd. - stated that he bought his --and in hopes for his future family to reside near h i m. lie stated that he has always .canted to build a homt. on the north ena "Sumac Hill" of his property however access was not possible, noting that this rezoning project would create an access to allow him to build a new home on Sumac Hill. N MINUTES OF THE PLANNING COMMISSION 14EET I NG HELD OCTOBER 2 0 , 1986 11080 MCDOWELL CONTINUED 114r. Burger previous iy stated h(-)w t his rezoning would solve his pioblem noting that he moved to this area for the same reasons as the others, however he had a philosophy of life being that this country was not made for only him and that others deserved the right to enjoy and live in this area. '-1r. Burger noted that the proposed lots actually will be close to five acres including wetlands. He also noted the issie of the impending sewer line in the Stubbs Bay area. Attorney Tom Humphrey stateu that the proposed rezoning was consistent with the existing sui rounding areas n.:?ting that there is a natural barrier that would serve as a dividing line between the proposer rezoning area and the more rural. area to the, west. Goetten asked Zoning Administrator rlabusth the reason that area was originally zoned 5 a�:re. Additionai ly, she stated that she would like staff to compile a lot sire c,.)mparison, a,i:_i would like a t4-1pography map t:-) refer to. Zoning Administrator Maijusth state) that the 1974 Comprehensive Plan diet not clairfy the reasons for the � acre Lode , "4cDona ld stated that the reason for the 5 a, -re zoning is because Stubbs Say is a critical area in which the soils are sees i t i ve aril 5 acres are needed to support a septic system. She had concerns regarding where the rezoning would stop. She is totally opposed to this request. i3e 1 lows stated that she felt there were more issues to be considered, but felt the developers aLe not proposing 1/2 acre lots nor are they developing the area without first substantiating it with tests and facts. Zoniiiy .Ndininistrator Mak;usth noted that there is a potential sewer project planner in Stubbs Bay. Cha i i-maii Kelley stated that ht felt mere facts should be submitted for review before making a recommendation. Present representing the Department of Natural Aesources was Land Specialist Jim B loomendah 1. He note.: that the in this instance, the DNi2 does rift rt -yu late this particular wetland' area. He additionally requester some facts ru9aru inn this atjp 1 i�:at ion. 3 MINUTES OF THE PLANNING COMMISSION MEETING HELD OCT06ZR 2 0 r 1986 #1080 MCDOWELL CONTINUED There public It was table as: a) RR-lA were no ether ".,omments f rom the publ is and the hearing was closed. move,J by Chairman this application s.: r vey of lot ar zoning districts; propose, l:)ts. i-lotit)n, Zoning Administrator will ►)e published' owners must contact meeting date on this Ke 1 ley, secondej by Goetten, to for additional information such gas within surrounding LL1--1., and b) soils an-� septic testing for Ayes 4, Illays 0 . l4abusth noted that no second notice and that the interest%eU property the City office regarding the next pr posa 1. #1983 THOMAS BERNIER/DOUG KLINT/ GARY BARR 3535, 3545 IVY PLACE AND 3034 CASCO POINT ROAD RENEWAL OF SUBDIVISION OF A LOT LINE REARRANGEttENT PUBLIC HEARING 9:00 - 9:22 The Affidavit of Publication and Certificate of 14ailing was noted. The original subdivision application #853 expired on February 25, 1986. Doug K1 int was present for 'Chis matter and stated that since last approval he was unable to complete the project due to lack of runes. Zoning Administrator 1".1a:)us t h exp 1 a i ned the concerns regarding: 1) dredging project that has be left unfinished and DNR permit has been revoked 2) two clocks that were Bernier without permits 3) stairs constructed without a permit construc:te(Al by on the Bernier Barr and property r1r. K1 int stated that t,ie DNR permit has not been revoked as noted by Zoning Administrator Mabustn,, Zoniriq Administrat._)r ila.-)usth stat-►i that she will check into the status of the permit. She noteJ that 1.1r. K1 int has indi;.atetj that he plans to stake h;Aybales t.� control erosion the following morning, of which she will inspect and if done, her concerns w i l i be satisfied. Regarding the after -the -fact conditional use permit for the stairs, Zoning Administrator 14abusth stated that staff would not recommend approval. tl 11INUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 29 y 1986 11083 BERNIER/KLINT/BARR CONTINUED 3e 1 lows agreeu with the existing stairs aA.lowable structures start rec:ommendatiun stating that - are total ly inconsistent wi 11 within the lakeshore seti-)ack area. Mr. Bernier stated that the major reason for the massive stairs structure is due to the excessive erosion. Public Comments - A1 Glover, 4410 Enchanted Pt., owner of 3036 Casco Point Road, was present and submitted a letter of objection to the lot line rearrangement proposa i because of access problems to his lot. Chairman Kelley read ter. Glover's letter into the recori-j. There were no other comments f rom the public and the public hearing was closed, i�lr. K1 int asked if the Planning Commissi(�ri cowl ' recommend approval contingent upon all problems being so lveJ before the Council meeting. Chairman Kelley stated that the Planning Commi scion wou 1�1 ha ve to re v ie-w the of to r- t>>e- fac: t cone i t ionu i use permit for the stairs. It was Jmoveu by Chairman Kelley, secunued by Goe t teri, to table this matter until the November 17th meeting for the following reasons: 1) illegal ducks serving Barr & Bernier properties are to be removed and not replaced next year until plat is finalizeJ and building per;nits issued for dock structures. 2) land alteration within 75 feet of lakeshore on K 1 i nt property must be regraded and sodded prior to the Council meeting of November 10 th . 3) illegal access stairs & retaining walls may be resolved as follows: a) file after -the -fact applications with the City by October 24, 1986 deadline for November 17th Planning Commission meeting, -)r b) apply for building permit to remove or alter existing structures to bring into confor►;iance with standards for access stairs on steep banks. Mot iun, Ayes 4, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 201 1986 #1060 J.F. FLEISCHHACKER 2775 SHADYWOOD ROAD VARIANCE - SECOND REVIEW Assistant Zoning Administrator Gaffron explained the revised proposal substantially reducing the magnitude of encroachment into the 75' zone for construction of a deck. Goetten commenced Mr. Fleischhacker for his hard' work and consideration in submitting an alternate plan. it was r,,(jved by Goe t ten, sc:�:onded by 11:-Dona . d', tJ recommen:! approval per staff recommendation noting that Planning Commission was riot concerned aLiout the 1/4" deck boar-li spacing because most of the deck is over a concrete surface and the entire deck has been included in the hardcover calculations. Motion, Ayes 4, Nays 0. #1062 INGEBORG CICI 875 WAYZATA BOULEVARD CONDITIONAL USE PERMIT/ COMKERC IAL SITE PLAN REVIEW Present and Mary for this matter were 14r. & Mrs. Ingeborg Cici We inz ier 1. Zoning Administrator Mauusth stated that the variance to the moratorium was approved by the Council at their October 13 th meeting. Additionally, Council approved the access location presented by Mr. Cici subject to review and approval by the Ci `y Engineer Cook. Mr. Cici showed the Planning Commission his access plan which is in the process of approval by the highway Dept. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval subject to sta f f's rec:ormendat ions as noted in the memo and subject t,.) receipt of a survey that designates the following: 1. re:.ef fined wetlands per U.S. Corp of Engineer - designate elevations of wetlands. 2, lO�ate structure anJ all improvements - jesignate setbacks. 3. dry bui lda►-)le area to be calculateu - determine contiguous dry buildable area of property. 4. locate access location. Motion, Ayes 4, Nays 0. 6 MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 20t 1986 #1070 RICHARD RINEHART 985 OLD LONG LAKE ROAD VARIANCE — SECOND REVIEW :�icharu Rinehart was pres.lcit rr-)r this matter,, Assistant Zoning Administrator Gaf iron explained that the applicant has submitted an updated survey showing that the existing garage slab is within the property boundaries being 0,6' from the lot line at the northeast corner and 1.5' at the southeast corner or the slam. As requested by the Planning Commission at the last review, staff has looked at this property for al te, nat i ve locations for the garage and found that given the location of the septic: tanks and dra in f ie ld, and topography of the lot, and from a safety standpoint, it would be preferable to be able to drive forward onto Old Lang Lake Road, staff feels the existing slab location is the most feasible. In addition, staff does not see any change in the drainage pattern. Even though the garage did not encroach on the neighbors property, Be 1 luws sta tc.J that she still felt there were some problems with this proposal. It was moved by Gue t ten, seconded by i:cDona id, to recommend approval of the variances as presentee with justification base:: on the facts anti hardships as lister. in sta f f's memo. Motion,, Ayes 3, Nays 1. Bellows voted nay. #1078 JOHN 14ASSOPUST 440 SOUTH BROWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:58 — 9:54 Mrs. Joan 14assull-yust was prese,it fur this matter. The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request to excavate and fill to create a more suitable water fowl pond from the existing pond which is not a designated wetland. He noted the following facts: -existing pond is a low area that holds water, apparently more this year than in other years. It is possi►jle that the pond outlet may have previously existed but was filled in somewhat by excess material when the private road was built* -the pond is at a very high point in the watershed, has insignificant value as storage or nutrient retention area by virtue of a fairly smal i influent watershed. 7 MINUTES OF THE PLANNING CON14ISSION MEETING HELD OCTOBER 20, 1986 #1078 HASSOPUST CONTINUED -proposal to excavate is essentially to clean up the pond area. -City Engineer Cook has reviewed this application and has supported i t . He also noted that the applicant has omitted islands or nesting sites because they may create a hazard for children. No one was present from the public regarding this matter and the public hearing was closed, It was ;roved by Bellows, s.,:conded by Goe tten, to recommend approval subject to the following conditions: 1. applicant granting a conservation and flowage easement over the pon(-'A area. 2. appropriate erkjsi(,n controls be taken. 3. applicant is notified that future home must be no closer than 26 ' t�-) the wet land . Motion, Ayes 4, Nays 0. # 1981 GREGORY We LONG 3359 CRYSTAL BAY ROAD additions VARIANCES PUBLIC HEARING 9:56 - 10:11 Gregory Long was present for this matter The Affidavit of Publication and C� rtif icate of Mailing was noted, Assistant 'Zoning Administrator Gaf f ron explained the request to construct a second story screen porch add i t ion and deck which would be mostly in the 0-75' setback zone. The screen porch would be mainly over the existing .fir i veway and deck portions over what is grass noa. Chairman Kelley read into the record letters of non - objection f rom: J.R. Lof rand, 3365 Crystal Bay Rd.; Charles & Donna Carl, 3385 Crystal Bay Rd.; Jay B. Keiser, 3375 Crystal Bay Rd.; tyIrs. James Ogland, 3345 Crystal Bay Rd.; Jon W. Papas, 3369 Crystal Bay Rd.; and John E. Kust, 3355 Crystal Bay Rd. No one was present fruin the public: regarding this matter and the public hearing was closed. Oki MINUTES OF THE PLANNING COMMISSION MELTING HELD OCTOBER 2e, 1986 #1081 LONG CONTINUED It was moved by Cha i rman Ke i ley, seconjed by Bel 'Lows to recommend approval based on staf f's findings an:a the following cunditiuns: 1, must remove equivalent amounts of 0-751 hardcover so that 0-75' hardcover remains at existing level of 41.96 (1132 s.f.) . 2. approve increase of hardcover in 75-2501 from 43.1'6' to 43.7 6. Motion, Ayes 4, iJays 0, #1082 JOHN F. DOUGAN 2785 WHITE OAR CIRCLE CONDITIONAL USE PERMIT PUBLIC HEARING 19:14 - 10:29 John Dougan was present for thij matter. The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaff ron explained the request to create a ponding area and swa le to collect runoff from the occasional "gully washer" that inundates their backyard for 12 to 48 hour periods. He stated that the City Engineer has reviewed the plan, and although he generally has no problem with the proposal, he has some reservati(.)ns that it will solve the problem. He noted that staff recommends requiring a developer's agreement and granting a cinser vat ion & r lowaye easement. 3ellows indicated concerns teat +-his project will not suffice to correct the problei:is. Assistant Zoning Administrator Gaff ron state(' that applicant has been made aware of the concerns and real i zes that the propos,.i i is not a cure -ail, Mr. Dougan stated that the problems started after work was done on the east anti north of his property and a culvert was put in two years ago. 14o one was present from the public regarding this matter and the public hearing was closed. It was moved by Be 1. laws, seconded by Goetten, to recommend approval subject to: 1. applicant signing a developers agreement. 2. granting a conservation & f lowage easement over the pond and swale . Motion, Ayes 4, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBE R 2 A , #1084 ROBERT MAXFIELD 4175 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 10:30 - 10:37 Robert Maxfield was present for this hatter. The Affidavit of Publication and Certificate of Mailing was noted . Assistant Zoning Administrator Gaffron explained the request for lot area and lot width variances in order to create a building site in one acre Lone. The entire property includes 5 parcels, of which: Site with house (Lots 51, 52, 53) is 25,000 s.f. (0.57 ac.) ; Vacant Site (Lots 49 & 50) is 20,000 s.f. (0.46 ac.). He noted that Lots 49 & 50 were assusse,. one sewer unit and Lots 51, 52 & 53 were assessed one sewer unit. He reviewed compara:Jle lot sizes in tifie Lii-13 zoning district which indicates that 465 of 657 existing developed single family resi,ientia 1 units meet or exceeu 0.46 acres. No one was present from the publ i:: regarding this matter and the public: hearing was closeu . It was moved by McDonald, seconded by Goe t ten, to recommend approval subject to staff recommendation. Motion, Ayes 3, Nays 1. Bellows votes] nay stating that t'.je lot was too substandard and applicant purchased the lot as substandard. #1085 RICHARD E. BROWN 1245 SIXTH AVENUE NORTH VARIANCES PUBLIC HEARING 10:38 - 10:47 Mr. & Mrs. Richard Brown were present for this matter. The Affidavit of Publ icatio:. and Certificate of Mailing was noted. Assistant Zoning Administrator C-a fron explained the request for a variance to construct lakeshore stairways which exceed the normal straight -life stairway downhi 11. lie reviewed the hardships being: -unusually steep, long slope down t,) lake -location of existing trees and clearing -bumpy topography on slope woul_: require excavation to provide a straight -down stairway -straight-down stairway wou1,._ provide little or no safety protection if so,-neone was to f a l i ( they would fall all the way to the bo t tim ) Having visited the site, Planning Commission concurred with the hardships. 10 MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 20, 1986 #1085 BROWN CONTINUED Assistant Zoning only question lighting. #1086 CHARLES PEXA 1200 LYMAN AVENUE SKETCH PLAN REVIEW SUBDIVISION Administrator Gaf f ron stated that the he had was regarding the proposed Fir. & A1rs. Brown stater that they propose 1 ights on the step posts that would be insta l leci so that lighting is directed downward. In audit ion, they noted that they plan to o,nit the canopied structures that are shown on the drawings. 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 subject to staff recommendation. Motion, Ayes 4, Nays 0. Charles Pexa was present for this matter. Assistant Zoning Administrator Gaf f ron explained tr request to divide off a new building site from the 4.9 dry acres with existing residence. Staff recommended that it be submitted as a sketch plan because the new lot would be divided approximately in half by a private easement roa� that serves the existing house and 5 other properties. The new lot would not have Z contiguous dry acres in either the north or south parcel, as is requ i = Ad by code. It appears that a house cou lc be located to meet the 501 front, 30' side, and 26' wetland setbacks. He noted that a variance must be granter to credit dry acreage on other side or road to lot. He further explained the issue of the private easement road which now serves 6 lots, whereas normally an easement road serves no more than 3 lots, and whether or not a 50' road out lot should be created. He reviewed the 3 precedent cases where variances have been granted to allow credit of area on both sides of a private road easement. He also questioned the accuracy of wetland location of a 1.986 survey because of the unusua 1 ly wet year noting a topographic review of the site might reveal different wetland boundaries. Planning Commission felt that additional information was needed regarding the building envelope and drainf ield locations. 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 29, 1986 at the )posed on the :ing is t they sown on matter lid, to cation. zed tY the 4.9 emended the new private 5 other ous dry as is )ula be wet land nteu to L)t. He nt road asement r not a u the 3 nted to to road oet land 1 i y wet a might r ion was infield U086 PEXA CONTINUED Mr. Pexa stateu that he felt this proposal would qualify based on the precedents. He stated that he did not want to commence with the expense of septic: testing or another survey until he had an indication that the City would approve the subdivision. Chairman Kelley stated that he felt there should be 2 contiguous dry acres. Be 1 lowsconc ur red with Chairman Ke 1 ley's statement,, Goetten stated that she would like to know the background for approval of the precedent cases. { Planning Commission indicated to Mr. Pexa that they would need additional information regarding soil borings, wetlands, and drainf ie ld and well locations in order to make a recommendation; and that it was up to the applicant to decide if he wishes to undertake the additional expense when they can r:ot guarantee that they will recommenj approval. APPROVAL OF MINUTES It was moved by Goetten, seconJed by Bellows, to approve the Minutes of the September 1�, 1986 Planning Commission meeting. Motion, Ayes 4, Nays 0. PLANNING COMMISSION REPRESENTATIVE Planning Commission member Bellows was appointee to attend the November 10, 1986 Council meeting. ADJOURNMENT 11:18 P.M. The Planning Commission meeting adjourned at 11:18 P.M. 1?