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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. I 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 i 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. I 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. I 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. 1 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. , I r 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