HomeMy WebLinkAbout02-20-1990 Planning MinutesMINUTES OP THE PLANNING COWIISSION MEETING FEBRUARY 20, 1990
11490 K-P PROPERTIES CONT.
Mr. Peterson replied that there was a legal opinion that
stated if the City maintains a road for more than six years, it
is considered City right-of-way. He said that the City Public
Works Director had Indicated that the City has maintained North
Arm Lane for 21 years.
Mr. Laverne Dunsmore, 420 North Arm Drive, was concerned
about the City's claim to the road. He said that he has the
smallest lot along that road and does not want to see the road
widened because it will severely impact his property.
Mabusth replied that more than likely the City will not ask
for any additional right-of-way from his property.
Mr. Dunsmore said that due to the Lakeview Golf Course
Clubhouse being located at that intersection, cars currently park
on the road. He is afraid that parking will increase if the road
is widened. He said he is not opposed to the building of new
homes, but objects to the widening of the road.
Mr. Rod Backerud, 360 North Arm Lane, concurred with Mr.
Dunsmore.
Kelley asked Mr. Backerud if he would like to have the City
continue to maintain North Arm Lane?
Mr. Backerud replied that he did not think that the land
owners along North Arm Lane would object to maintaining the road
themselves.
Mr. Roscoe Smith, 370 North Arm Lane, said that he is
opposed to the additional right-of-way because it will have an
impact on the mature maple trees and landscaping on his property.
Cohen asked whether North Arm Lane would have to be 50' if
the City continues to maintain it.
Mabusth said there had been informal discussions regarding
the maximum of right-of-way that would be needed to maintain the
public roadway and whether the 33' would be sufficient. She
said, however, that would not be* in keeping with City policy.
She added that North Arm Lane may be an important link when
looking at an overall transportation system.
Bellows said that the City has to initiate a strict policy regarding roads.
Mr. Dick Armstrong, said that his mother owns North Arm
Lane. lie said that he would not object to the additional right-
of-way being taken provided that it is taken from both sides of
the road.
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MINUTES OF THE PLANNING COIWISSION MEETING FEBRUARY 20, 1990
#1495 ROD JOHNSON CONT.
There were no conunents from the public regarding this matter
and the public hearing was closed.
Hanson said that he would probably look upon this favorably,
once the access issue is addressed.
Brown concurred.
It was moved by Chairman Kelley, seconded by Bellows, to
table this item pending information from the State regarding the
right-of-way, and the County regarding access on County Road 6.
Motion, Ayes-5, Nays-0, Motion passed.
#1488 JOHN B. ROGERS
755 TONKAWA ROAD
CONDITIONAL USB PERMIT
PUBLIC HEARING 7:45 P.M. TO 7:47 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted,
Mr. and Mrs. Rogers were present for this Public Hearing.
Mabusth explained that the applicants were seeking approval
of a Conditional Use Permit for the quest use of a detached
garage structure. Mabusth said that it will be necessary to
install heating and plumbing into the structure, but no kitchen
facility is proposed.
There were no comments from the public regarding this matter
and the public hearing was closed.
Planning Commissioner Brown asked how the City monitored
these situations to make sure that the guesthouse does not become
a rental unit?
Mabusth said that the Zoning Ordinance contains language
restricting rental property and the resolution filed in the chain
of title repeats that restriction.
It was moved by Planning Commissioner Bellows, seconded by
Planning Commissioner Hanson, to recommend approval of the
Conditional Use Permit for a gucb'hov.se use. Motion, Ayes-5,
Nays-0, Motion passed.
minutes of the planning commission meeting PEBRUARY 20, 1990
#1489 F. JOHN HARDIN
1496 PARK DRIVE
VARIANCE
PUBLIC HEARING 7:48 P.M. TO 7:53 P.M.
duly rublication and Certificate of Maillns were
Mr. Hardin was present for this public hearing.
of thirap?lfca”'ui„“'^““" the purpose
would^'ake'"he^bu'wing'ltVre'’emlu^ *='’* addition
variable ”''’ hl= hardship for the
requirriHsldi"s?orage!’®‘ collector cars that
down shy?'"'"" “■ ' he would consider tearing
Mr. Hardin said that removing the shed would dofA»4- 4-Kea
thIn°K would%ain^bv^th°* ‘ne would gain by the proposed addition.
on th^s^V"ve"y "e’'a"nt?“''“ """ P-ltlon” shown
Mr. Hardin replied that when he built the hiHiHinn »
£a"r:it"el to "th"e ?2«’o^'^he’"rl^er‘?y.‘ ‘^»t location
and t™"^Sburhearrnrwas"c;red‘""
Pianni« moved by Planning Commissioner Brown, seconded bv
#U89!%«?Sn?A?el-5 ‘^°Sa«-r M^ot oPPUc.tioj;
that his reason ^%%^e?o':Jnd?nrden'’iVri; be«“u"si''"‘a"“e"w
SarnorLmcfe^nt^f and" the" hardsM^
#1491 JACK RHODE
1690 SHADYNOOD ROAD
RENEWAL VARIANCE
PUBLIC HEARING 7:53 P.M. TO 7:55 P.M.
duly no"ed*.“""'’“ Publication and Certificate of Mailing were
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MINUTBS op the planning commission meeting FEBRUARY 20, 1990
#1491 JACK RHODE CONT.
Mr. Rhode was present for this review.
Zoning Administrator Mabusth provided a brief review of this renewal application.
conunents from the public regarding this matter and the public hearing was closed.
It was moved by Planning Commissioner Cohen, seconded by
Planning Commissioner Hanson, to recommend approval of the
renewal variances for Jack Rhode, 1690 Shadywood Road, due to the
reduction in hardcover within the 0-75* setback zone. Motion, Ayes-5, Nays-O, Motion passed.
#1492 MARK GROSS
3285 CARMAN ROAD
VARIANCE
PUBLIC HEARING 7:56 P.M. TO 8:05 P.H.
The Affidavit of Publication and Certificate of Mailing were duly noted.
• Gruss was present for this niatter,
Mabusth explained that Mr. Gruss is seeking approval of an
average lakeshore setback and hardcover variance in order to
construct an addition.
Planning Commissioner Bellows suggested that the applicant
add another level rather than what is proposed.
Mr. Gruss said that he has spent approximately $6,000 to
have an architect review that possibility. He said that a second
level would add more square footage than he needs and would not
conform to the characteristic of the neighborhood.
Kelley asked whether 232 s.f. of hardcover could be removed elsewhere?
Mabusth suggested that it may benefit Mr. Gruss to provide a
new survey. She said that the survey used for this application
dUcrepanVeB?” = other
perml?®bis°e”d oT?hV “utlng* ° buildln,
a replied that she would not feel comfortable issuinga building permit based on that information.
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I minutes op the planning commission meeting FEBRUARY 20, 1990
#1492 MARK GRUSS CONT.
Bellows suggested that as long as an updated survey Is
Pla^nlno'^r bul Iding permit, this item be tabled to allow^for
ana
v>-i ^>y Planning Commissioner Cohen, seconded by
Commissioner Bellows, to table this item until an
P^ssed.*^ suryey is subndtted. Motion, Ayes-5, Nays-0, Motion
#1493 CHUCK DONNEY
2665 CASCO POINT ROAD
VARIANCE
PUBLIC HEARING 8:07 P.M. TO 8:15 P.M.
duly noted^^^*^*'^^^ Publication and Certificate of Mailing were
Mr. Downey was present for this public hearing.
harHexplained that Mr. Downey is seeking approval of a
’5-250' setback area for the
hfsSnr°re.'iL®.i’ * ‘ ®"ttyway. Mabusth noted that hardcover
slid Jharit»f/oh®..rt‘'a“"‘'® approval was given In 1982. Mabusth on tht^iQPo^tf^ Observed a second story deck which was not shown
exists.survey and no record of a permit for that structure
Mr. Downey said that the deck was added at the same time the
garage was constructed. It was his understanding that the deck
was covered under the permit for the garage. ^
for thrg“a\riddlML!"' ■•®®°I«lon approved 45» hardcover
resolStlVn?'' ^8 1" violetlon of that
c.lcu?r;ionTlr t‘hi‘'hou"s%\'’'' understand staff's hardcover
be donl'bef';re\hl?Vro«eds^%°/ur\';\;.*‘“^ hardcover should
for Commission to provide direction
8
MINUTES OF THE PLANNING COWIISSION MEETING FEBRUARY 20, 1990
#1493 CHUCK DOWNEY CONT.
Kelley indicated that he would prefer to have hardcover
remain at the level approved in 1982.
Mr. Downey asked if he accepted staff's calculations what he
would have to do to be within the Planning Commission's
recommendation.
Bellows replied that it would be Mr. Downey's discretion as
to what he proposed to remove. She suggested tabling this
application to provide time for Downey to re-evaluate this
existing hardcover on the property and detei'minc whst could be
removed.
Mabusth said that the "Applicant is in a hurry. She
suggested that the Planning Commission recommend denial of this
application. The applicant could bring the hardcover information
to Council for their review.
It was the general consensus of the Planning Commission that
the matter come back to the Planning Commission for review.
There were no comments from the public regarding this matter
and the public hearing was closed.
Kelley asked how the City would monitor this to make sure
that the hardcover percentage does not increase.
Mabusth replied that the City does not have enough staff to
monitor these situations.
It was moved by Planning Commissioner Hanson, seconded by
Bellows, to table this application pending the receipt of all
information needed to determine existing and proposed hardcover.
Bellows put Mr. Downey on notice that the Planning Commission
prefers to see hardcover remain at 45%. Motion, Ayes-5, Nays-0,
Motion passed.
#1494 FRANCIS LIGHTLY
3585 FREDRICK STREET
VARIANCES
PUBLIC HEARING 8:17 P.M. TO 8:26 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. and Mrs. Lightly were present for this matter.
MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 20, 1990
#1494 FRANCIS LIGHTLY CONT.
Mabusth briefly reviewed this application for average
lakeshore setback and hardcover variances for the purpose of
construct ng an addition. Mabusth noted that Exhibit "P" shows
two average setback lines. One line is designated from the
closest projection of the principal structures on adjacent lots,
the other line has been drawi from the second story decks on
adjacent lots.
Chairman Kelley asked the applicant if he was proposing to
put a fence around his pool?
Mr. Lightly replied that he was not.
Brown asked Mr. Lightly if his insurance company was in
favor of that?
Mr. Lightly said that he had talked with his Insurance
carrier and they indicated that a fence around the pool is not a
requirement.
Mr. I.ightly showed the Planning Commission an aerial photo
of his property. He also had a model of his home which included
the proposed addition and photographs ^hc•i^g where the roof line
of his addition will be looking from the neighbor's second level
family room.
Kelley asked whether the property owner to the east of the
Lightly home is present for this meeting?
Mr Lightly replied that they were not, but that he had
discussed his proposal with them. Mr. Lightly said that he is
proposing to use vegetation to screen the addition from that
neighbor who has indicated that would be satisfactory. Mr.
Lightly said that most of the view of the neighbor will be over
the proposed addition.
There were no comments from the public regarding this matter
and the public hearing was closed.
Cohen said that he would like to have input directly from
the adjacent property owners to the east. Cohen expressed
concern regarding the average setback. He said there is
obviously a sight problem. Cohen indicated that he would be
inclined to deny this application.
Brown said that he concurred with Cohen. In his opinion the
proposal involved a blatant violation of the average setback
line.
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MINUTES OP THE PIANNING COMMISSION MEETING FBBROnRY 20, 1990
#1494 FRANCIS LIGHTLY CONT.
Kelley recollected the- the Commlssioh had
very Btingent In eaintalnlne wist thethat there is a broad vision impairment to the west
^ouse to the east with the creation of the Great Room.
towarr^e^rate^lr o’^cJr Ts“ Vlt‘’uri^lo^u'’sVs"‘il' a'dljl t1irs'’‘a7:
constructed.
Bellows and Hanson agreed.
It was moved by Chairman Ke 11 ey, seconded by
Commissioner Cohen, ^o recommend denial of the avg ^
setback variance. the adjacent proper^^ would
IIS“rd“«errcer KeTle/ said In soL cases^
rh*'h'®M*to*’thc^ea'st*° KeTley''dld not believe that plan Ings
lolw°i«sln tte ibpaVt. Motion, Ayea-5, Nays-0, Motion passed.
Mr. tightly asked whether '-n jV’li“?oi “hl
^lal^nl‘ng‘ctLlisVol?o^^"oTM"ore f.vorariy on this? Kelley
llpJIIS^hat won Id Change his outlook cn^hh^leTbVc^^^e i‘t Ts
said that he nas no asked if the pool would be a
ra‘c"t”oV ’in‘’1h"l ?aSire ”Vet''b^%^^''^ IfeM//said^hat h^s only
llncern regarding the pool is the issue of •He t^^
hp would like to be convinced that Mr# ^
cLpany ^s not going to require a fence around the swrn,a.lng pool.
CONFIRMATION OF JOINT COONCIL/PLANNING CWIMISSION TING
Planning Cor™i ssioners Bellwc,
that they would be “"chle to attend the March^m^^
Kelley recommended, however, that th y
10th.
§1496 ROBERT NAADB
998 WILDBURST TRAIL
SKETCH PLAN REVIEW OF SUBDIVISION
Mr. i Mrs. Kaade were present for this review.
Mahusth briefly reviewed the applicants' proposal.
Kelley asked Mr. Waade it he intended to reivove the erlstlng
driveway?
Mr. Waade said that he is proposing to remove the driveway.
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INUTBS OP THE PIANNING COMMISSION MEETING PEBRDARy 20, 1990
#1496 ROBERT NAADE CONT.
Will be Mr. waade
putting gates at^WiIdhur^t^Trai?.^*^^ consider
request for^fntrlJjle gates?^ Planning Commission would react to a
previous appl/caMons for^gates.recommended denial of all
a cul-de-Mc w„^d*'defMt thl'’pu?pose‘'S‘tSe cri-de-sac ‘"®
lndivrii.ffaLri"„d ‘o:it'’the°c;?4^-sfrent??e?j! «“■'
sac.Mabusth informed Mrs. Waade that the City requires a cul-de-
monuments* wUhou\ a^gat^e?^^ there would be any opposition to
3.5' height. Mrs. Waade that monuments are limited to a
City's right-of-way.monuments must be placed out of the
to vote favo"rrbly°*^o^vided^^th^e^ would be Inclined
monuments are addre^ssfd. issues regarding gates and
#1498 JOHN MCDOWELL
4645 BAYSIDE ROAD
SKETCH PLAN REVIEW OF SUBDIVISION
Mr. and Mrs?"BSb oisen??64^layridrPord,^
Slth la^
create 7 Jots and maintain tho*tu * that they tire hoping to
to the existing barn Mr oath'r » l°ta. In‘regard
bring it into conformance wUh the s^tback^o^\Vke® iV'dow^!'"*^
time?*'^^^^^ asked if there were and animals in the barn at this
MINUTES OP THE PIANNING COMMISSION MEETING FEBRUARY 20, 1990
#1498 JOHN MCDOWELL CONT.
barn.
Mr. Olsen replied that, there are currently horses in the
,1 Kelley asked if Lot 7 will meet the area requirements to
maintain horses on the property?
Mr. Olsen replied that if the barn is to remain, it would be
used for storage, not livestock.
Mr. Sathre said that soil testing has not been done.
With regard to access, Mr, Sathre said that they would like
to keep the "country lane" character that exists in Orono. The
access they are showing is the same location of the Olsen's
driveway. He said that Hennepin County has indicated that they
prefer that access.
Kelley Indicated that the proposal looks fine, with the
exception of a possible outlet being included for future
expansion to the south.
Mabusth asked if the Planning Commission would like to see a
future access to the west provided.
Kelley asked the Planning Commission for their opinions
regarding the configuraton of Lot 6.
Mr. Sathre said that he tried to locate the road on the
highest ground to provide natural walkout sites. He said
normally he would have designed Lot 6 differently, but due to
there being a different property owner for Lot 7 he is proposing
to locate the property line as shown.
Mr. Peter Rennebohm, 4565 Bayside Road, said that he just
recently purchased his home and is sorry to see this subdivision
occur. He said that he is concerned about the proposed southern
access.
Mr. Armstrong replied that his mother is the owner of the
property to the south and when it is subdivided, access will be
necessary.
Hanson added that it is a policy of Orono to have minimum,
external connections to streets and maximum internal private
development of road systems.
Brown added that tlie purpose of the policy is to minimize
the number of curb cuts onto collector roads.
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MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 20, 1990
#1496 ROBERT NAADE CONT.
Be lows said that the policy also provides for a fiifm-c.
rather than designing deadUnd
® further consideration is that should the
‘h^oiioh^? snowplowing the road, it is best to have straight,through roads, rather than dead-end roads. ^
arwi pallahan said that with the pending McDowell
frano subdivisions, the City became aware of the fact that a
may be^°tht'‘oi?v needed for that area. He said that thismay be the only opportunity to develop a transportation plan.
transnlr^AV,-realtor, asked whether developing a
th«r Orono really wants to do? He said
hetluse trafficaccess the collector roads oecause traffic on those roads increases everytime the Citv
that" be cause‘s o\'"t ha ^uecause of that, people have a tendency to use the interior
roads more often and that detracts from property values.
#1499 PETER P, CHOW
2505-07 KELLY AVENUE
SKETCH PLAN REVIEW OP CONDITIONAL USE PERMIT
Mr. Brad Johnson was present on behalf of Mr. Chow,
duplex.^^’"'®^*' briefly explained the applicant's proposal for a
with ?h/o^;;T. ^how had purchased the property
structure station with the intention of building a
structure on the property in which he could live. He said that
iouTd pr”e°fer^ t'^® ^®'"°del the existing structure, but
,.h=V 4.^4 if \ construct something that would be more
of thS^tJif^if neighborhood. Mr. Johnson showed a sketchor tne type of duplex proposed.
locat^^o" pro^r‘ty!'' objection to a duple* being
eye soJeT" currently exists on the property is an
win-i^jfasked the Planning Commission if they would be
willing to grant variances to the duplex section of the Code?
4-K general consensus of the Planning Commission that
they would have no objections to granting variances to the Code!
MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 20, 1990
#1499 PETER P. CHOW CONT.
APPROVAL OP JANUARY 16, 1990 MEETING MINUTES
It was moved by Chairman Kelley, seconded by Planning
approve the Minutes of the January 16,
1990, Planning Commission Meeting. Motion, Ayes-5, Nays-0,
PLANNING COMMISSION REPRESENTATIVE
t>i agreed that Chairman Kelley would represent the
Planning Commission at the March 12, 1990 City Council Meeting.
adjournment
at 9:15^^!'"“"'' emission Meetin? adjourned