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HomeMy WebLinkAbout11-17-1986 Planning MinutesPLANNING COMMISSION MEETING MONDAY, NOVEMBER 17, 1986 7:30 P.M. 1275 BROWN ROAD - COUNCIL CHAMBEW COUNCIL REPRESENTATIVE - Tim Adams ATTENDANCE PUBLIC HEARINGS 1. 7:30 p.m. #1090 Roger Hollander, 200 and 250 Hollander Road Subdivision 2. 7:45 p.m. #1093 P & A Investment, 1380 Sixth Avenue North Subdivision 3. 9 :00 p.m. Zoning Amendment - Performance standards for non- rental/guest apartments within principal residences. ACTION ITEMS 4. #1074 Grace Baptist Church, 2830 Shadywood Roar Variance - Second Review 5. #1080 John McDowell, 3750 and 3830 Bayside Roal Rezoing - Continuation of Public bearing 6. #1083 Thomas Bernier, Doug Klint and Gary Barr Place and 3034 Casco Point Road - Renewa Application - Second Review 7. #1087 David W. Anderson, 860 Forest Arms Lane Conditional Use Permit - Public Hearing 8. 01088 Dale J. McCurdy, 4041 North Shore Drive Variance - Public Hearing 9. #1089 R. Hunt Greene, 865 Partenwood Road - Variance - Public Hearing 10. #1095 City of Orono, 2345 Blaine Avenue - Conditional Use Permit - Public Hearing :4 ti •� •1. 11. #1091 Sailors World Inc., 1950 Shoreline Drive Sketch Plan Review 12. #1092 Sailors World Inc., 1960 Shoreline Drive Sketch Plan Review ADDITIONAL ITEMS 13. Planning Commission approval of October 20, 198 13. Planning Commission to select a representati December 8, 1986 Council Meeting. . 1_ r�.1j J , f, :i . M MINUTES OF THE PLANNING COMMISSION ] ►XETI NG HELD NOVEMBER 17 , 1986 ATTENDANCE 7: 3 0 p. N e The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Hanson, Goetten, and Bellows. Absent: Rovegno and McDonald. The following represented the City staff: Bu�.lding & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Petinrson. Councilmember Adams was also present. #1090 ROGER HOLLANDER 200 AND 250 HOLLANDER ROAD SUBDIVISION PUBLIC HEARING 7:30 - 8:10 The Affidavit of Publication and Certificate of Mailing was noted. John Hollander, Co -personal representative of the Hi ldur P. Hollander estate was present for this matter. rijark A. Ruri.k, attorney for the estate was also present. Assistant Zoning Administrator Gaffron reviewed the application requesting to divide the existing Outlot B of Holly Acres into two building sites. Outlot B was created as part of the original Holly Acres subdivision, and was designated as an Outlot because it was non- conforming by virtue of the 3 residences on the property: the original subdivider's (Mrs. Hi ldur Hollander's) newer residence, a rental house next to it, and a farmhouse with outbuildings in which her son, John Ho 1 lander, resides. At the time of the original subdivision, the City stipulated that: 1. The f armhouse and rental house were non- conforming structures; 2. No permits for principal or accessory structures on Outlot B would be 3 s-sued until Outlot B was further subdivided. Assistant Zoning Administrator Gaffron reviewed the issues unresolved from the previous subdivision approvals: 1. Garage on proposed Lot 2 was to be removed and has never been removed. 2. Access driveway serving the residences on proposed Lot 1 was to be removed and regraded to eliminate any direct access off of County Road 6. A new driveway was constructed to serve the residences on Hollander Road, however the old driveway war never removed and is still used as a primary access from County Road 6. MINUTES OF THE PLANNING COMMISSION MEETING HELD 17 , 1986 #1090 HOLLANDER CONTINUED 3. Road outlot ownership: a) Hennepin County lists the City of Orono as "taxpayer" on the road outlot with Hildur P. Hollander as owner. Despite MI s. Hollander's desire, this is sti 1 1 a private road and the City does not own or maintain it. It was noted that the City does not intend to t:�xe it over as a public road. b) Mrs. Ho 1 ; ,ander apparently never filed the paperwork t-o create a Homeowner's Association to maintain the road and now the existing homeowners are apparently not in unanimous agreement regarding a Homeowner's Association, hence maintenance and ownership of the road is a potential ongoing problem. Assistant Zoning Administrator Gaf f ron reviewed the issues and fcacts regarding the proposed Lots 1 and 2 as outlined in his memo. Lot 1 - a) Soil testing for alternate septic site for large house pending. Rental house may not have a well. b) Main house meets the required setbacks from property lines. c) Requires a lot width variance (186.90' where 200' is required. d) This is a "through lot" therefore any accessory structures proposed would require a conditional use permit. e) The rental house is a non -conforming structure requiring removal or granting of variances and/or conditional use permit to remain as a non -rental guest house or storage building. f) Wetland drainage easement granted previously should be shown on new plat. g) Proposed Lots 1 and 2 are in different school districts. I,ot 1 in Wayzata school district. Lot 2 - a) Garage which was to be removed must. be removed or relocated to an appropriate location on the property. b) This is a "through lot" therefore any accessory structures ( including relocating existing garage) proposed would require a conditional use permit.. e) The existing barns are non -conforming structures requiring removal or granting of variances and/or conditional use permit to remain. f) The existing house does not meet 50' front setback (0.71' short). g) Location of septic system unknown, t.esti.nq for drainfield sites is underway. h) Lot 2 entirely within Orono school district. 2 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 17, 1986 #1090 HOLLANDER CONTINUED Chairman Kelley stated that he felt some of the numerous concerns should be resolved before the Planning Commission could make a recommendation. Bellows stated that the intentions of the proposed lots was unclear_. Mr. Rurik stated that they plan to comply with the previous stipulations of removing the garage on Lot 2 and blocking off the driveway. He noted that a declaration of covenants has been filed so a Homeowners Association is not necessary (he will forward a copy to taie City). Regarding the rental house, they would like to keep it as a guest house. Chairman Kelley asked if they would be willing to incur the additional cost for testing and placement of new septic if needed to comply with guest house standards. Mr. Rug_ ik stated that soil testing is being done now and does not want to make any committment until the results are available. Regarding the barn...-, they would be willing to give up the use by animals, but are opposed tc razing them. He stated he would like to confer with the City Attorney regarding the issue of the barns being non -conforming structures. He further stated that the reason subdivision is being pursued at this time is due to the intentions of Mrs. Hollander's Will that Lot 1 (which is currently for sale) be given to Hollander's daughters, and Lot 2 be given to John Hollander. He noted that the existence of the barns, which some feel is an eyesore, is unrelated to the subdivision request. Public Comments - Steve Weinstein, 2-5 0 Hollander Rd.- Speaking on behalf of the Holly Acres Homeowners Association, they are unanimously against the proposed subdivision for the following reasons: I. Lot 1 does not conform code, and they feel the removed. with the 2 acre zoning rental house should be 2. To the r knowledge, Mrs. Hollander filed papers assuring them that before the lots would be subdivided, all existing buildings would be razed. 3. Existing barns are a safety hazard. 4. Existing well water may be contaminated. Brian Hi 1 1 , 235 Hol lander Rd. - He stated that the rental house is an eyesore and that there is a constant problem with junk cars on the property. 3 MINUTES OF THE PLANN I NG COMMISSION MEETING HELD NOVEMBER 17 , 1986 #1090 80 BR CONTINUED Planning Commission Comments - Bellows stated that she felt the Planning Commission should not act on this application until clean-up of property is done and original subdivision conditions -ire complied with. She visited the site and felt the buildings are in a state of disrepair and that the rental house unit is not consistent with the other properties as they have been developed. Goetten stated that she has with Bellows comments. S'L: property lacks the required guest house. seen the property and agrees noted that the rental house area to approve the use of a Hanson agreed that the original subdivision conditions should be complied with. It was moved by Taylor, seconded by Bellows, to table this application and continue the public hearing pending resolution of the outstanding issues. Motion, Ayes 5, Nays 0. Mr. Hollander noted that he has recently put money into the clean-up of his property and that his mother never intended that his house be razed. Mr. Weinstein disputed Mr. Hollander's statement and asked the Planning Commission to inspect the property to make their own determination of the property's condition. Goetten asked staff to moving the lot line a necessity of a lot width # 10 9 3 P i A IWESTMENT 1380 SIXTH AVENUE NORTH SUBDIVISION PUBLIC HEARING 8:15 - 8:38 consider the possibility of few feet. in order to avoid the variance on Lot 1. The Affidavit of Publication and Certificate of Mailing was noted. Applicants John Adams and Scott Powell were present for this matter. Assistant Zoning Administrator Gaf f ron explained the request to subdivide a parcel of land into 4 lots. A11 four proposed lots meet the 2 acre minimum dry buildable requirement; have adequate building envelopes, have been tested for dr.ainfield sites (but not approved by staff). Issues of concern are as follows: Hinu1'ES OF THE NAMING COMMISSION MEETING HELD NOVEMBER 17, 1986 # 10 9 3 P i A INVESTMENT CONTINUED 1. Designated wetland on Lot 2 which has been drained for many years. 2. Access location. Hennepin County has verbally approved access to County Rd. 6, although tying into Tanglewood Rd. would be preferable to City and applicants. The Taog 1 ewood Homeowners have refused applicants' request to access onto Tanglewood Rd. City Attorney is reviewing this matter to determine whether the C'.' ty can force the Association to allow additional use of the road. 3. Staff finds no pressing need to provide for future access to the north or east. 4. Barn on proposed Lot 3 would end up within the front yard setback area, staff recommends removal of this structure. Mr. Adams stated that they would be willing to move barn and incur the additional costs of determining the wetland status. Pete Rennebohm, 1520 finds no problem with concerns regarding wetland. Tanglewood Rd., stated that he the proposed subdivision but has the drainage pattern from the Assistant Zoning Administrator City Engineer will be asked to concern before Council review. have an additional access on decision is up to the County. Gaffron stated that the address Mr. Renn�bohm's City woa 1 �' prefer not to County Rd. 6, but this Hanson asked why the Tanglewood homeowners are opposed to allowing access onto Tanglewood Rd., noting concern about more accesses onto County Road 6. Mr. Rennebohm, speaking for himself, would like to maintain the low traffic density for which he purchased his property. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Goet.ten, seconded by Chairman Kelley, to recommend approval of the preliminary plat as presented subject to staff recommendation. Motion, Ayes 5, Nays 0. 5 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 17, 1986 ZONING AKENDMENT - PERFORMANCE STANDARDS FOR NON -RENTAL/ been GUEST APARTMENTS WITHIN PRINCIPAL RESIDENCES PUBLIC HEARING 10:50 - 10:51 ba 1 1 y The Affidavit of Publication was noted. into y and No one was present from the public regarding this matter Mused and the pc:blic hearing was closed. :)d Rd. ?rmine Assistant Zoning Administrator Gaf f ron explained the allow intent of the proposed amendment. to establish performance standards for non -rental guest apartments e for within principal residences. He stated that the Planning Commission should address these issues: .n the a) Is the "double the lot area" standard reasonable ra 1 of for a guest apartment. b) Parking concerns? e barn Chairman Kel ley stated that he felt such guest g the apartments should be allowed under a conditional use permit. He would like to avoid complete separate living areas. at he it has Bellows stated that she would like to avoid an exterior m the appearance of a duplex, but not legislate against live-- in help etc. ►t the Taylor stated that he was not as concerned about the ohm's separate entrance issue, and would prefer to continue got to treating these on a case by case basis. this Planning Commission directed staff to bring back to their next meeting a proposed wording and performance posed standards for guest apartments as a Conditional Use, )ncern incorporating the following concepts: 1. I,ot area is not a concern if septic and parking concerns are met; performance standards for these ke to shou 1G be proposed. phased 2. The Conditional Use Permit: review process will address the visual impact on the neighborhood of each specific situation, with the goal that the natter guest apartment should not be an obvious second dwelling unit when viewed f j,m without, and should not have the appearance of a dupl rix, i.e. not have �y, two obvious "main entrances". ;ente ed 3. Primary access to the guest apartment should be Naysr from within the residence, but secondary accesses are allowable. 4. Wet bars and basement kitchens ;proposed with new homes or remodelings that are obviously not meant to become second dwelling urt i t s, need not apply for a Conditional Use Permit as long as the building permit states that they may not become second dwe 1 1 ing tin its. 0 MINUTES OF THE PLANNING COMMISSIOR MEETING HELD NOVEMBER 17 , 1986 #GRACE BAPTIST CHURCH 2830 SHADYWOOD ROAD VARIANCE - SECOND REVIEW Bill Mulligan present. representing Grac-e Baptist Church was Zoning Administrator Mabusth explained the second plan submitted for the church sign that is considerably lower in height and provides more signage area, which satisfies the needs of the church. The new sign proposal will create no safety hazards for the users of the adjacent intersection on County Rd. 19. The variances requested are as follows: a) 49.6 s.f. or 413% area variance over allowed 12 s.f. b) 3'9" or 49% height variance over allowed 8 feet Staff recommends approval for the new sign proposed by the Grace Baptist Church referred to as the Supra design of the Herald I model. Planning Commission Comments - Taylor - He stated he was in favor of staff recommendation to approve the proposal as submitted. Hanson - He stated he was in favor of staff recommendation to ;-,ppr ove the proposal as submitted. Kelley -- He stated he felt the plan way overambitious in regard to height and area. Goetten - She agreed with Chairman Kelley stating the she felt the "Standard" sign was more suitable. Bellows - She stated a 413% variance is too significant and she felt the needs could be satisfied with the "Standard" sign. Mr. Mulligan noted that Calvary Memorial Church has the "Standard" sign and it is hard to read. It was moved by Goet ten , seconded by Chairman Kelley, to recommend approval of the "Standard" design of the Herald I model noting the hardship being 12 s.f. is not sufficient area to convey message and subject. to staf f's findings. Motion, Ayes 3, Nays 2. Taylor and Hanson voted nay as they were in favor of staff recommendation. The minority of two fey t the applicant had responded very specifically to the direction of this r Jy at their September meeting which was to reduce the height and increase signage area as this was the primary need of the church. 7 MINUTES OF THE PLANNING COMISSION MEETING HELD VIM— ER 17, 1986 # 10 8 3 TH014A S BERM I ER , DOUG R L I NT , AND GARY BEAM 3535, 3545 IVY PLACE, AND 3034 CASCO POINT ROAD RENEWAL OF SUBDIVISION APPLICATION - SECOND REVIEW Thomas Bernier was present for this matter. Zoning Administrator Mabusth explained that this application was tabled pending resolving of the Bernier property, in which M.C. Bernier was to either file for a conditional use p�:?ry-ilit or apply for a building permit to reconstruct stairs meeting city standards. Mr. Bernier has agreed to rebuild the stairs. because of the time of year, both Mr. K i int and Mr. Bernier are unable to find contractors for their projects, therefore, Bernier anu K1int: are willing to enter into a developer's agreement and post. a letter of credit to assure that this will be completed by April 30, 1987. She submitted photos of the K l i nt property and stated that staff is satisfied with the erosion control measures installed by K 1 int. Staff recommends approval. It was moved by Tay lor, seconded by Be 1 1 -Dws, to recommend approval of the proposed lot line rearrangement subject to staff recommendations (omitting Item #?, Klint to complete sewer payment, which has been done), and subject to obtaining a hold harmless ae reement from Thomas Bernier for utility line protection. Motion, Ayes 5, Nays 0. #1087 DAVID W. ANDERSON 860 FOREST ARMS LAME CONDITIONAL USE PERNI T PUBLIC HEARING 9:00 - 9:07 The Affidavit was noted. David Anderson of Publication and Certificate of Mailing was present for this matter, Zoning Administrator Mabusth conditional use permit to Staff has not received any neighbors. explained the requ`st. for a allow a 58' antenna tower. comments f rori the affected Chairman Kelley stated that he was possible interference with neighbor's would like the neighbors surrounding the of the City' s limits of jurisdiction. concerned with reception.. He applicant aware Mr. Anderson stated that tie felt because obvious structure, any reception complaint directed at him. I he had an s wou 1 d he MINUTES OF THE PLANN I NG COMMISSION MEETING GELD NOV EMBER 17 , 1986 # 10 8 7 ANDERSON CONTINUED Planning Commission stated that they were simply carrying out the City's proper procedure of informing the residents. 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 subject to staff recommendation; -amending safety standard d) to read: $100,000 liability insurance to cover any property damages created by structural failure. -excluding condition E) Conditional use permit to be renewed in 5 years to assure structural stabi 1 i.ty of tower structure is maintained. Reason being the City code does not mandate it. -obtain acknowledgement form confirming most affected neighbor has been made aware of the proposal. Motion, Ayes 5, Nays 0. # 1088 DALE J . 14CCURDY 4041 U10RSH SHORE DRIVE VARIANCE PUBLIC HEARING 9:17 - 9:22 The Affidavit of Publication and Certificate of Mailing was noted. Mr. & Mrs. Dale McCurdy were present for this matter. Assistant Zoning Administrator Gaffron explained the request to construct a detached 2-car garage will increase the hardcover in the 75-250' setback zone from existing 24.6 % to 28.6 % requiring a 3.6 % variance. He noted that the property has an extremely steep driveway leading down to the house, with an existing 1-car detached garage near the road at the top of the dri veway. Given the steep slopes and the City sewer lines, staff feels there is an obvious hardship in constructing a garage on the property and recommends approval as proposed, conditioned upon removal of the approximately 250 s.f. of plastic-%heeting under existing groundcover west of the house, and subject to applicant granting the City the appropriate sewer easements. No one wa,r. present from the public regarding this matter and the public hearing was closed. Taylor asked if the invent was to have two garages. 9 MINUTES OF THB PUNNING CONKISSION METING HELD NOVF24BER 17 , 1986 #1088 MCCURDY CONTINUED Applicant stated they needed the existing garage for winter use because they cannot get up or down the driveway during the winter. Bellows stated that the only other feasible alternative would be an over/under type of garage which is very expensive and which she felt. the City could not ask of the applicant, Goetten stated that the existing garage should be acknowledged as a non -conforming use and be allowed to remain. It was moved by Bellows, seconded by Goetten, to recommend approval of the hardcover variance subject to staff recommendation and recognizing the existing garage as a non -conforming structure. Motion, Ayes 5, Nays 0. #1089 Re HUNT GREENE 865 PARTENWOOD ROAD VARIAM CE PUBLIC HBI�RING 9:29 - 9:35 The Affidavit of Publication and Certificate of Mailing was noted. Hunt Greene was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a hardcover variance and lakeshore setback variances to construct two separate additions to the existing residence: 1) A two-story addition to enlarge the existing kitchen and master_ bedroom, to be located 42' from the shoreline of Stubbs Bay, or extending about 6' closer to the shoreline than the existing house. 2) A 101x10' sunroom, I. -story at ground level at the midpoint of the house on the north side - this would be about 60' from the shoreline. Existing hardcover in the 0-75' is 11.0%, proposed hardcover is 11.6%. No proposed hardcover changes in the 75-250' area. Gaffron noted that this property was granted a variance in 1983 for a garage addition, which would have increased the 0-75' hardcover to 12.3%, however the garage was never built. Applicant is willing to eliminate the graveled parking area west of the house which would reduce the hardcover up to 800 s.f., resulting in an overall decrease of hardcover in the 0-75' to 9.9%. It was noted that this property has lakeshore on 3 sides of the property. 10 MINUTES OF THIS PLANNING COMMISSION MEETING HELD NOVEMBER 17 , 1986 #1089 GREENE CONTINUED Mr. .7reene showed photos of the existing kitchen and master bedroom indicating the need for additional space and noted that the addition will not obstruct any views. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Goetten, recommend approval subject to removal of 500 s.f. of non-structural hardcover (gravel parking area) resulting in a net decrease in hardcover. Motion, Ayes 5, Nays 0. #1095 CITY OF ORONO 2345 BLAINE AVENUE CONDITIONAL USE PERMIT PUBLIC HEARIiw 10:47 - 10:48 The Affidavit was noted. of Publication and Certificate of Mail ing This is a request for a conditional use permit for the installation of an emergency preparedness siren at the Municipal Water Plat. site. No one was present from the public regarding this matter and ;.he public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval of the conditional use permit for the proposed weather siren, subject to the structure being located 50' from the nearest residential lot line per the proposed site plan. Motion, Ayes 5, Nays 0. #1091/#1092 SAILORS WORLD INC. 1950 AND 1960 SHORELINE DRIVE SKETCH PLAN REVIEW John Vogt was present for this matter. Also present was Charlie Stone representing three different parties interested in buying tf�e rroperty. These applications involve the expansion of Sailors World marina to the west side of County Road 15 as follows: ##1091, 1950 Shoreline Drive - Applicant plans to raze the existing residential strilctures and install a parking lot. ##1092, 1960 Shoreline Drive - Applicant plans to terminate the transmission repair/gas sales use of property for sales and boat service operation of Sailors World. 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVE!lBER 17 , 1986 #1091/#1092 SAILORS WORLD INC. CONTINUED Mr. Stone stated that they are not planning to expand Sailors world, merely spread it out over a larger area, possibly separating the sales & service from the boat dock. rental. Mary Crear, 1980 Spates Avenue, adjacent neighbor, was present for this matter. She stated that they are pleased with Sailors World as neighbors. She added, speaking on behalf of M;. Tourangeau, 2060 Spates Ave., Mr. Tourangeau does not have any problem with the proposed parking lot but requests that there be a 6-8' grass area between his property and parking lot and also some type of natural buffer from his property. Mrs. Crear stated she had concerns regarding the use of the parking lot, she was opposed to large boats being parked which would further obstruct their view of the lake. They are ameniable to orderly winter storage of new average sized boats. She is also concerned about the disposition of the existing gas tanks. Zoning Administrator Mabusth stated for the record, that the City by encouraged Sailors World to use the City lot on weekends for overflow parking. Zoning Administrator Mabusth noted that the Planning Commission should address the following issues: 1. Effects of rezoning properties to B-2. 2. Distinguish between a legal land use for each property. a) 1950 Shoreline Drive would require a zoning amendment if property is not zoned to B- 2 for parking lot use. b) 1960 Shoreline Dr., applicant must prove to City that a proposed chan^e in use would be less a ntense than current use level. Goetten stated that she would be willing to conceptually approve the continued non --conforming use rather than rezone. Chairman Kelley stated that he would be opposed to permanent storage of boats any time of the year, he woL ld like to keep an open area. He felt boat parking should be restricted to one only. He also felt that if the retail space was moved to the other side of County Rd. 15, an equal square footage of structure be eliminated on the other side in order to prevent the intensification of operation. Bellows stated that she felt a marina was a very appropriate use for lakeshore and in particular this piece of property. 12 HINU OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 171 1986 # 10 91/# 10 9 2 SAILORS WORLD Inc. CORTINUND Goet.ten stated that she would like to see a survey of Sailors World as it presently exists with structures and uses designated. Chairman Kelley stated that he felt the gas use should cease and gas tanks removed. After discussion, Planning Commission unanimously agreed conceptually that this is a better use of the property than presently exist:, . Zoning Administrator Mabusth advised applicants that the next step would be submitting a formal comprehensive plan application following a zoning amendment request initiated by the City. APPROVAL OF MINUTES It was moved by Goettei. , seconded by Bellows, t approve the Minutes of the October 20, 1986 Planning Commission meeting as submi�ted. Motion, Ayes 5, Nays 0. PLMMING COMMISSION REPRESENTATIVE Chairman Kelley was appointed to attend the December 8, 1986 Council meeting. AD�JOU T 11: 0 3 P .1K . The Planning Commission meeting adjourned at 11:03 P.M. 13