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HomeMy WebLinkAbout02-19-1985 Planning MinutesPLANNING COMMISSION MEETING TUESDAY, FEBRUARY 19, 1985 7:30 P.H. 1275 BRGMN ROAD SOOTH - COUNCIL CHAMBOtS COUNCIL REPRESENTATIVE - Lynn Adams SCHEDULED PUBLIC HEARINGS 1. 7:30 p.m. #868 Catharine A. Cram, 3760 Watertown Road - Metes and Bounds - Class I Subdivision 2. 7:45 p.m. #889 Eugene Nelson, Big Island Record Lots 16 & 22 Lot Line Rearrangement - Class I Subdivision 3. 8:30 p.m. Proposed Amendment of the Flood Plain and Wetlands Management Section of the Zoning Code. ACTION ITEMS 4. #884 Richard Eller, 2655 Shadywood Road - Variance #891 J.D. Miller, 1105 Tonkawa Road - Varian::e - Public Hearing #892 Thomas Mortenson, 1971 Fagerness Point Road Variance - Public Hearing #893 Summerfield Farms, 3800 Wayzata Blvd. - Conditional Use Permit — Public Hearing ADDITIONAL ITEMS 8. Planning Commission approval of January 21, 1985 minutes. 9. Planning Commission to select representative to attend the March 11, 1985 Council meeting. ADJOURNMENT MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 1 ATTENDANCE 7:30 PM The Planning Commission met on the above date with the following members present: Chairman Callahan, Kelley, Rovegno, Sime, and newly appointed member Paul Taylor. Planning Commission member Goetten arrived at 8:41 p.m. Planning Commission member McDonald was absent. Building and Zoning Administrator Mabusth and Recorder Sutton represented the City staff. Council Representative Lynn Adams was also present. 1888 CATHARINE CRAM 3760 WATERTOWN RD METES 6 BOUNDS SUBDIVISION PUBLIC HEARING 7:30 - 7:43 PM Catharine Cram was present. Zoning Administrator Mabusth noted the affidavit of publication and certificate of mailing. Neighbor Loren Butterfield of 3926 Watertown Road was present from the audience for this public hearing. Zoning Administrator Mabusth explained that this is a division of the applicant's homestead creating one new residential unit of 10 acres. Mabusth noted that the second residence cannot be designated as a guest house because it is a rental unit and so should be recognized as a non-conforming use and subject to all pertinent ordinances. Loren Butterfield stated that this is the typo of subdivision he likes to see in this neighborhood. Chairman Callahan closed the public hearing at 7:43 p.m. after the neighbor's comments were heard. Rovegno noted that the net 9 acre lot will not be subdividable in the future because it is in a 5 acre zoning district and would need 10 acres to be subdividable. Rovegno noted that if the City requires a quit claim deed over the right-of-way, the City would essentially be creating a new lot with another tax statement. Rovegno asked if Mrs. Cram would want this new lot. Catharine Cram stated that she only wants the one lot subdivided. Rovegno noted the City's options in that the City can acquire the quit cla im deed but recognize that this lot is one lot and not separated by the quit claim deed. Rovegno noted the other option is to waive the quit claim deeding for any right of way for the City. Zoning Administrator Mabusth stated that the assessor should have input on this application as to whether Mrs. Cram should consider a special lot combination. { MIHUTBS OP THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 2 #888 CRAM (CONT) ii- %1) Chairman Callahan asked why the City is requesting a quit claim deed from a portion of the property that is not even involved with this subdivision. Zoning Administrator Mabusth stated that it has been a standard policy of the City to acquire right-of-way and since we are dealing with a metes and bounds division, the City asks for a quit claim deed. Kelley felt that it was unfair for the City to divide the lot for Mrs. Cram if she doesn't want that extra lot. Sime noted that no future subdivision of Parcel A would be permitted. Rovegno moved, Kelley seconded, to recommend approval of a metes and bounds subdivision of the property located at 3760 Watertown Road for Catharine Cram creating one new residential unit finding all standards for the RR—IA zoning district have been satisfied with such approval subject to the L’cllowing conditions: 1. Conservation and flowage easement over wetlands in Parcel A. 2. 3. Payment of Park fee for Parcel A of $100. Second residence on Parcel B is a non-conforming structure and subject to all pertinent ordinances. 4.Resolution of the right-of-way issue be resolved between applicant, staff, city attorney, and assessor. 5.No future subdivision of Parcel A based on current zoning standards. Motion, Ayes (5), Nays (0) MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 3 #889 EUGENE NELSON BIG ISLAND RECORD LOT #16 LOT LINE REARRANGEMENT SUBDIVISION PUBLIC HEARING 7:56 - 8:16 PM 6 22 Eugene Nelson was not present. J.T. Smedberg was present to represent his interest in the subject property. Zoning Administrator Mabusth noted the certificate of mailing and the alfKIivit of publication. Mabusth noted that this appl i ion is to forma llydividea strip of lakeshore on Big Island for tax purposes. Mabusth stated that this subdivision is serving to tie up some loose ends created in 1970 when the registered land was divided without City approval. J.T. Smedberg stated that Oronc made this proposal a few years ago to Eugene Nelson and Nelson never responded. Smedberg noted that the property at that time was owned by three different persons. Smedberg noted that the RS Zoning District was created for seasonal use and were grouped together according to family ownership. Smedberg stated that Nelson's sister owned some of the property and then he bought the property from Eugene Nelson. Chairman Callahan closed the public hearing at 8:16 p.m. Sime felt that he could not act on the application tonight because of the misunderstandings between applicant, new owner, and staff. Sime moved, Taylor seconded, to table Nelson's lot line rearrangement application in order to allow time for staff to work with new owner and applicant. Motion, Ayes (5), Nays (0). Planning Conunission asked staff to submit a report concerning the RS Zoning District on Big Island and the intent of such ordinance along with the separation of ownership by right-of-way (roads) on Big Island. PROPOSED AMENDMENT OP THE FLOOD PLAIN/WETLANDS MANAGEMENT SECTION OF CODE PUBLIC HEARING 9:50 - 9:58 PM Zoning Administrator Mabusth noted the affidavit of publication. Mabusth explained the the Department of Natural Resources (DNR) has setforth different setback standards for specific lakes and a drainageway within the City. Rovegno asked staff to find where it requires the City to adopt the DNR's regulations. MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD PBBRUART 19, 1985 PAGE 4 Planning Conunission felt they could not act on this amendment to the code tonight and needed further information. Zoning Administrator Mabusth stated that the Planning Commission is not being asked to approve the ordinance amendment tonight but to merely make comments for Council and staff to consider. Mabusth noted the formal ordinance will be drafted later this year. Chairman Callahan moved, Rovegno seconded, to table the flood plain and wetlands amendment to the code until the next Planning Commission meeting to allow staff to investigate into this amendment further. Motion, Ayes (6), Nays (0). #884 RICHARD ELLER 2655 SHADYVroOD ROAD VARIANCE Richard Eller was not present. D.C. Messer of 2673 Pheasant Road and E.J. Stanke of 2660 Pheasant Road were present from the audience for this application. Zoning Administrator Mabusth explained that the application has been rescheduled before the Planning Commission because the neighbors have failed to communicate and resolve the issue. Mabusth stated that she checked with Chaska Marina to verify the claim that Eller made regarding the moving of the boat and the damage it would sustain if moved at this point, and Chaska Marina confirmed that there would be damage to the boat, if moved. Sime felt, that in light of the fact that over 30 people had signed a petition requesting that Orono enforce this City ordinance, he felt compelled to follow their wishes. Sime strongly felt that the City must enforce the ordinances or change them when citizens complain. Sime also noted that since the neighbors could not resolve the issue, that the boat should be removed and the ordinance enforced. D.C. Messer of 2673 Pheasant Road stated that he himself arranged to hav'e Eller park his boat in Cookston's yard, but Eller has refused saying that the boat is frozen to the ground. Messer noted that the boat is on a trailer. Messer noted that Stanke has had his home for sale and that several buyers have been sea red off because of the eyesore of El ler' s boat . E.J. Stanke of 2660 Pheasant Road stated that this whole thing started when he cal led City Hal 1 and asked what happens if someone is in violation of the ordinances. Stanke explained that he was told that if someone is found to be in violation of the ordinances that a letter is written giving the person a deadline and then a second letter is written and then a citation is issued if the person still has not complied with the City's order. Stanke stated that the first letter was written back in November and now it is February and the boat is still not moved. Stanke asked that the City enforce MINUTBS OP THR ORONO PTANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 5 •884 RICHARD ELLER •891 J.D. MILLER 1105 TONKAWA ROAD VARIANCE PUBLIC HEARING 8:40 - 9:03 PM their own ordinances. Stanke felt that if the City isn't going to enforce the ordinances then the City shouldn't have adopted those ordinances. Stanke explained that Eller does not have any hardship because other oversized boats in the neighborhood are stored at commercial marinas or elsewhere. Rovegno noted that the City owes it to its own citizens to enforce the ordinances upon complaint or request and the citizens are entitled to such enforcement promptly. Sime moved, Kelley seconded, to recommend denial of the variance for Richard Eller to permit the storage of an oversized boat on his residential property and further recommends that Council expedite the prompt moving of the boat in order to enforce the existing ordinance, with such denial based on the following findings: 1.Planning Commission doesn't see the validity of the hardships claimed by Eller because there is adequate area on the lot in a less obnoxious location to store the oversized boat. 2.Planning Commission doesn't find any hardship in moving the boat that is currently sitting on a trailer which has wheels. Motion, Ayes (5), Nays (0). Planning Commission member Goetten arrived at 8:40. J.D. Miller was present along with Donald Pertinen and L.J. Millerl, designers/architects. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. Donald Pertinen explained that the existing foundation, which is almost entirely into the 0-75' setback zone, would be removed and are proposing to remove this structure and build a new home which would encroach a relatively minimal amount on the 0-75' setback zone. Pertinen explained that hardcover within the 0-75' setback zone would decrease from 11 percent to 4 percent and hardcover in the 75-250' zone would increase from 16 percent to 22 percent. Pertinen noted that this proposal would improve the drainage on the site considerably. Sime asked what the plans were for the boat house. Donald Pertinen stated that the applicant's intent was to keep the boat house and replace part of the retaining wall that holds up the boat house. J.D. Miller stated that he would like to keep the boat house if it is stable enough. Kelly noted that the proposed hardcover is a little too much for this property. - - - - - - - - - - - -•■*- MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 6 1891 J.D. MILLER Donald Pertinon noted that most of the hardcover is the driveway down to the proposed qarage. Pertinent stated that it is better to have a little more hardcover to allow turnaround on the property. Pertinen explained that some extensive grading will have to be done to improve the drainage on the property. Goetten asked for the approximate square footage of the boat house. Goetten noted that the plan is a little ambitious. J.D. Miller stated the boat house is approximately 150 square feet. Miller stated that some trees will have to be removed but he plans to replant. Kelley asked if the proposal included a walkway down to the lakeshore. J.D. Miller noted that there is an existing concrete walkway which needs repairing and he plans to replace it with a wooden walkway. Zoning Administrator Mabusth noted that staff will need a landscape plan and grading plan for the engineer to review. Mabusth noted that a conditional use permit fee should be paid since extensive grading will be done to the site. Kelley moved, Simc seconded, moved to recommend approval of the hardcover and setback variances to construct a new home and garage for J.D. Miller subject to the following findings: 1.Existing foundation is within the 0-75' setback zone of the lakeshore and is improving the site by moving the proposed home back away from the lakeshore. 2. Existing trees and topography prevent any other location of the proposed home. 3. Applicant is improving the drainage on the site with the proposed swale. 4. Applicant is reducing the hardcover within the 0-75* setback zone from 11 percent to 4 percent. Approval is subject to the following conditions: 1. Applicant to submit grading and landscaping plan for staff and engineer review prior to scheduling application for Council review. 2.Boat house is a non-conforming structure and subject to all pertinent ordinances. 3.Applicant is placed on notice that future variances regarding future hardcover on the property may not be approved. Motion, Ayes (6), Nays (0). MINUTES OE THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 7 #892 TH(»IAS MORTBNSON 1971 FAGBRNBSS POINT RD VARIAHCB PUBLIC HEARING 9:04 - 9:23 PM Thomas Mortenson was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. Zoning Administrator Mabusth explained that Mortenson seeks a setback and hardcover variance to construct a house addition and attached garage. Mabusth noted that the proposed plan creates a safer atmosphere in that with the «v- . ched garage there will be adequate turnaround provided or. 'hr property. Thomas Mortenson noted that there will be a slight decrease in hardcover in the 0-75' zone from 13.2 percent to 12.6 percent. Mortenson stated that the existing garage is 2' on the neighbors property and 4' in the street right of way. Mortenson stated that he plans to remove the flatstone walkway and replace it with the house addition. Sime noted that the removal of the existing garage is an eyesore and a traffic hazard, and it would be an asset to the neighborhood when removed. Goetten noted that the increase in hardcover in the 75-250' setback zone from 17.2 percent to 32.1 percent is a big request. Goetten asked if the applicant could scale the proposal down any. Goetten did note that the applicant has been subjected to a 75' setback on both sides of his property because of the Takeshore. Thomas Mortenson noted that his proposal is consistent with the neighborhood. Mortenson noted that any reduction in the proposal adds more hardcover to the driveway. Kelley asked if any trees would be removed and asked about landscaping and the retaining walls. Kelley asked what materials the steps would be made of. Thomas Mortenson stated that two trees will be removed. Mortenson noted that the sloping topography may require retaining walls if the topography doesn't allow sodding. Goetten asked for a recalculation of hardcover in that the applicant could come up with ways to construct steps and maybe deck without hardcover. Zoning Administrator Mabusth noted that the City needs to review a grading and landscaping plan. i L. MINUTES OF THE ORONO PIJVNNING COMMISSION MEFTING HELD FEBRUARY 19, 1985 PAGE 8 #892 MORTENSON (CONT) Kelley moved, Goetten seconded, to approve the setback and hardcover variance request to construct a house addition and attached garage based on the following findings: 1.Hardcover in the 0-75' lakeshore setback zone will decrease slightly from 13.2 percent to 12.6 percent. 2.Topography of land prevents applicant from constructing elsewhere on the property. 3.Existing garage is on neighbors property and street right of way and proposal creates a safer entrance to property. 4. The property is unique in that is it subjected to two 75' setback zones. Approval is subject to the following conditions: 1. Hardcover in the 75-250' lakeshore setback zone is limited to 30 percent. 2. Drainage and grading plans must be submitted for staff and engineer review prior to scheduling application for Council review. 3.Landscape plans (including retaining walls, if needed) must also be submitted. 4. Proper remove 1 of existing garage and f il 1 ing of hole and sodding of area. 5. Future hardcover on this property may not be approved by Counci 1. Motion, Ayes (6), Nays (0). 1893 SUMMBRFIBLD FARMS 3800 WAYZATA BLVD CONDITIONAL USB PBRMIT PUBLIC HEARING 9:24 - 9:45 PM Glenn Nellist and Lowell Schapcr were present representing Summerfield Farms. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Cliff Otten was present from the audience for this application. Zoning Administrator Mabusth stated that the Summerfield Farms market wishes to add a mini-bake and delicatessen operation (preparing party trays ) within the exist ing retai 1 area of the store. Mabusth noted that the delicatessen operation will require a license from the Hennepin County Community Health Department. Mabusth noted that the installation of the oven is no problem as long as they abide by the Uniform Building and Fire Codes. Mabusth asked the Planning Commission if they felt that the uses proposed were an intensification of a non-conforming use. i MINUTES OP THE ORONO Pl*AHNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 9 #893 SUMMBRPIBLD FARMS Rovegno felt that it was not an intensification of a non- conforming use as long as the store did not become a full fledged bakery that delivers to other stores. Rovegno felt the minimal use of the bakery to bake croissants and other bakery goods would be fine. Glenn Nellist noted the difference between the bakeries and their store was that they will not be baking from scratch (flour, dough, etc). Chairman Callahan asked about the delicatessen and how the City would control the store from becoming a catering business or restaurant. Callahan explained that the City must be concerned with the future use of this building too. Glenn Nellist assured the Planning Commission that he had no interest in becoming a restaurant. Nellist stated that one picnic table might be placed in front of the restaurant to allow local bikers to sit down on a table rather than the ground. Cliff Otten stated that anything that would help the business should be considered. Otten stated that there are no problems with the business as long as it stays in business; it is when the store is not in business that it becomes a problem. Zoning Administrator Mabusth stated that by placing the picnic table on the site, the store would be encouraging the customers to eat on the site. Rovegno moved, Sime seconded, to recommend approval of the conditional use permit application of Glenn Nellist and Lowell Schaper to permit a mini bake and delicatessen operation at the Summer field Farms Market at 3800 Wayzata Blvd based on the following findings; 1.The new uses will not involve permanent structural changes or additions to existing structure. 2.The new uses will not involve expansion of the retail area. 3. The new uses wi 11 not encourage customers to consume food ^ on the premises as with a restaurant use. 4. The new uses appear consistent with the original intent and scope of the market as set forth in Resolution #1646. Approval is subject to the following conditions; 1. All equipment installed to support the mini bake operation is subject to the standards of the Uniform Building Code and Fire Code. MINUTES or THE ORONO PIJINNING COMMISSION MEETING HELD FEBRUARY 19, 1985 PAGE 10 1893 SUMMERPIELD FARMS 2.The applicants must apply for a license from the Hennepin County Community Health Department for the delicatessen use. 3.Applicants allowed only one picnic table to be placed within outdoor sales area on east side of structure. 4. Food items must be purchased at the counter before consumption of the product and carried to picnic table by the customer. Motion, Ayes (6), Nays (0). COMMENTS BY PLANNING COMMISSION Sime felt that the Council should reconsider their limitation placed on a Planning Commission members in that it only allows members to serve two terms. Sime also asked that staff prepare an extra copy of the Council agenda packet for the Planning Commission representatives that attend the Council meetings. APPROVAL OP MINUTES Goetten moved, Sime seconded, to approve the Planning Commission minutes of January 21 , 1985. Motion, Ayes (6), Nays (0). COMMISSION REPRESENTATIVE TO ATTEND COUNCIL MEETING 3-11-85 Chairman Callahan volunteered to attend the Council meeting on March 11, 1985. ADJOURNMENT 10:19 PM The Planning Commission adjourned at 10:19 p.m.