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HomeMy WebLinkAbout07-15-1985 Planning MinutesI I L I PLANNING COMMISSION MEETING MONDAY, JULY 15, 1985 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Jim Grabek ATTENDANCE PUBLIC COMMENTS 1. Earl Dorn ACTION ITEMS 2. #852 Stanley Gregory, 1410 Shoreline Drive - Conditional Use Permit & Variance - Second Review 3. 1927 Stanley Gregory, 1410 Shoreline Drive - Variance Second Review 4. #876 Randy Asplund, 3444 Eastlake Street - Variance - Referral From Council 5. #906 Shirley McWilliams, 1120 Willow Drive - Subdivision Second Review 6. #929 Lyle E. Rahn, 1146 Wildhurst Trail - Conditional Use Permit - Second Review 7. #934 Robert Tschida, 1300 Fox Street - Variance Public Hearina 8. #935 Wayzata County Club, 200 Wayzata Blvd. West - Conditional Use Permit - Public Hearing 9. #936 Lawrence Gardner, 1085 Tonkawa Road - Conditional Use Permit - Public Hearing 10. #937 Wharton Sinklcr, 2195 French Lake Road - Variance Public Hearing 11. #938 Robert Nash, 1020 Townline Road - Variance Public Hearing 12. #940 Ann Fisher, 774 Tonkawa Road - Variance - Public Hearing 13. #941 Paul Nutt, 2739 Shadywood Road - Variance - Public Hearing 14. #942 Arthur Finkelstein, 1740 Shadywood Road - Variance Public Hearing 15. #943 Susan Purdy, 1975 Fagerness Point Road - Variance Public Hearing AGENDA FOR PLANNING COMMISSION MONDAY, JULY 15, 1985, 7:30 P.M. 16. #944 James Lear, 3127 Casco Circle - Variance - Public Hearing ADDITIONAL ITEMS 17. Planning Commission approval of June 17, 1985 minutes. 18. Planning Commission to select representatives to attend the July 22 and August 12, 1985 ’’nci 1 Meetings. ADJOURNMENT ?■ ■f ■it' Vi MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 1 ATTENDANCE 7:30 PM ' ' The Orono Planning Conunission met on the above date with the following members present: Acting Chair ­ man Kelley, Goetten, McDonald and Taylor. Chair ­ person Callahan, Rovegno and Sime were absent. City Administrator Bernhardson, Zoning Administra­ tor Mabusth, Assistant Zoning Administrator Gaffron and Recorder Naab represented the City staff. Council Representative Grabek was also present. Pamela Sutton was presented with a farewell gift from the Planning Commission. Pamela introduced her replacement, Pati Peterson. PUBLIC COMMENTS - EARL DORN Earl and Betty Dorn were present. Chaiianan Kelley notified Mr. Dorn that tht Kokeshes will be submitting an application for a conditional use permit. That application will be at the August 19, 1985 Planning Commission meeting. Dorn stated that he had made the very same com­ plaint last year and would like to know why some­ thing wasn't done then. Dorn also noted that it was Administrator Bernbardson's suggestion to bring the Kokeshes in for a conditional use permit. t852 LTANLEY GREGORY 1410 SHORELINE DRIVE CUP t VARIANCE - SECOND REVIEW Mr. & Mrs. Gregory were present. Greg Kopischke of Westwood Plann..ng & Engineering was also present. Zoning Administrator Mabusth explained that the application deals with the alteration of a de­ signated wetlands of about 2.6 acres. The other pond is within a watershed of about 2.6 to 3 acres and is 80' x 80' in area. At one time it funtioned as a retention area but is not really a wetland as we know it today. The City does have a Conservation & Flowage Easement over the area and over the wetland. The City has never dealt with a major alteration over a designated wetland before. Kopischke explained that what is proposed is to take the 1.3 acres and excavate out to a depth of 4 feet. There would bo some side slopes of 3:1 to 7:1 slopes, that would then reestablish themselves with vegetation. The intent is to open up some areas for wild life. There would be a shift of what type of wild life that would start to use this particular area since there would be more open MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 2 #852 STANLEY GREGORY water. The DNR, Corp of Engineers, Watershed District, FWBl and the U.S. Soils Office have reviewed this proposal and the general indication is that there would be no detrimental effects to wild life, overall drainage patterns or water quality. A treated timber type of skimmer will be used. Zoning Administrator Mabusth stated that the City Engineer, Glenn Cook has reviewed the proposal and finds no problems with the proposed construction. Kopischke noted that part of the application also will involve a formal pond area on the southern part of the site, that is part of an overall land­ scape plan for the property, with a fountain and a drain<ige channel. Chairman Kelley questioned whether the pond will hold water even in dryer years or whether water will have to be added to the pond. Kopischke stated that the fountain will eleviate the algae but the water level should stay even bused on the ground water elevations. Taylor questioned the principal occurance that is causing all the modification. Gregory nottid that it is the esthetics. It is a particular piece of land - the land wasn't de­ signated wetland until the partition of the pro­ perty occured. The pond also smells a lot of the time. Zoning Administrator Mabusth stated that the pond will still funtion to retain water in the low areas. Chairman Kelley clarified that since this is the first time that we ire allowing to alter wetlands, the performance standards that were or are being developed, do not include reviews by certain groups. Zoning Administrator Mabusth noted that none of the othc'r reviewing agencies have specifically asked to monitor except Dr. Hanson who is not really re­ quired to do the monitoring. Chairman Kelley concurred that we do not have in our performance standards what kind of review should be done by an outside specialist. 1 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 3 #852 STANLEY GREGORY Zoning Administrator Mobusth noted that the only true performance standard within the analysis is the Nutrient Analysis by the Rice Creek Watershed. This is just one standard that judges water quantity not quality. What other types of performance standards could be in'^iuded? Chairman Kelley questioned that hardships should be included. Goetten cited that maybe it is time to try some ­ thing new with wetlands - use this as a test area. It would be better to have something well d me as long as we have the opportunity to monitor this project . Kopischke stated that some things to be discussed are the monitoring and the lengch of time the monitoring is to be done. Chairman Kelley concurred that the only problems he foresees would be the maintenance of the fountain and the skimmer because these two items could pos ­ sible break down. Kelley also wanted to know what type of fountain would be used - a spray or bubble type. Kopischke stated the specific type has not been determined yet but it would bo something that would offer aeration. The intent is to keep the pond free of algae. This intent will be made known to the City Council. Zoning Administrator Mabusth noted that the cost of the monitoring would be the applicant's responsiblity. There would probably be several inspections made within the first year. Staff shoulcJ determine the amount of monitoring. Chairman Kelley moved, Goetten seconded to approve a conditional use permit per Section 10.03, Sub­ division 19 and a variance per Section 10.55, Sub­ division 8 to Stanley Gregory, 1410 Shoreline Drive as a test case based on the fol lowing: a) Developer's Agreement - 1. Completion of work at approved time periods 2. Posting of appropriate security so that City can step in and complete if necessary or situation is deemed an emergency. k MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 4 #852 STANLEY GREGORY #927 STANLEY GREGORY 1410 SHORELINE DRIVE VARIANCE SECOND REVIEW 3. Payment of fees for the many inspections to be made by Orono staff during construction period. 4. Applicant tc hire outside agency to perform water tests per City's monitoring schedule. 5. Written confirmation by applicants that FWBI and Soils Office may perform required testa on si*--.* b) l.’o use of chemical agents in control of algae and aquatic vegetation. In addition the City will ask that all use of fertilizers, hericides and pesticides in areas adjacent to ponds c) City to approve type of dredging to be employed with wildlife restoration. d) Four agencies must approve the proposed contruction: DNR, MCWD, U.S. Soils Office and FWBI. e) Base Line check to be done to check the discharge currently from the culvert in Browns Bay. Motion, Ayes (4), nays (0). Mr. & Mrs. Gregory were present. Greg Kopischke of Westwood Planning & Engineering was also pre­ sent. Zoning Administrator Mabusth noted that there is at least 1200 s.f. of inovative materials, proposed as non-hardcover within the 0-75' setback area. Kopischke has submit *.ed a plan for use of a comb ­ ination of grass and boards as non-hardcover. Since the pool has been moved 5' away from the lakeshore, it does not need approval from the DNR. The closest point of the pool away from the lake- shore is 53'. Kopischke stated that the deck would be a combination decking/boardwalk system - a framed system grid. This same system is intented through ­ out the rest of the project. The end effect would allow water movement through it. There would be gravel underneath. MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 5 1927 STANLEY GREGORY Chairman Kelley stated that his concern was what happens if the house is sold. We have no control over the new owners taking up this non-hardcover and replacing it with cement. Zoning Administrator Mabusth stated that is why it is important to recognize the innovative non­ hardcover within the resolution to be filed against the chain of title of the property. We are also looking at lakeshore setbacks, hardcover and a separation setback. Chairman Kelley clarified t^the greenhouse and the pool will be 5'4" apart -or a length of 16'. He noted the 10 foot separation is required to allow emergency vehicles access. Kopischke stated that this area is very difficult to access anyway, and this is such a small area. Even if you cannot get vehicles there, the human body can certainly funtion around the pool. Zoning Administrator Mabusth reviewed the City Engineer's report; he certainly wouldn't appro^’e drainage going towards the lake, and would not ad­ dress the hardcover issue at this stage without adequate monitoring. Cook would prefer drainage to qo towards the east or the north, but not towards the lake. Taylor noted that even if the material is accept­ able as non-hardcover, the slope of the drainage might determine whether or not it was adequate. Kopischke explained that what is trying to be done is to set up an underground system such that the water is going to move through the decking and down through the gravel and underneath the gravel will be a technical fabric which will allow water to move through. We anticipate that the grade will be relatively flat such that it will allow the water to move down as much as possible. The pipe was not intended to take all the water out - but merely to keep bottom dry. Chairman Kelley moved, Goetten seconded to recom­ mend denial a setback, hardcover and accessory structure variance for Stanley Gregory, 1410 Shore­ line Drive finding that the ordinance permits 75' setback and the proposal is 53', the hardcover in the 0-75' should be 0? and also finding that; MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 6 #927 STANLEY GREGORY #876 RANDY ASPLUND 3444 EASTLAKE STREET VARIANCES SECOND REVIEW 1. The material discussed is not considered non ­ hardcover . 2. Early planning decision made by applicant or authorized agents of applicant created the need for the variance. Kopischke noted that the architect has worked with this property; a very unique piece of property with a very limited area because of the sloping and vegetation. The pool had been located, as noted, in the septic area, what was finally approved as the primary septic field, and this has created a hardship in that another area had to be found. Motion, Ayes (3), Nayes (1) McDonald voted nay because of the following; 1. 2. 3. 4. 5. The topography of the property The removal of trees The septic system location The pool is a reasonable use Does not consider the pool hardcover Randy Asplund, the applicant, was not present. Mr. & Mrs. Monge, the owners of the property, were present. Assistant Zoning Administrator Gaffron reviewed the application. Council recommended the patio to be removed by the end of July and referred the item back to the Planning Commission to look at separate locations or to look at a special type of "floating deck". A floating deck is a structure built of 2x4's sitting upright with spacing, sets on the ground and is mobile. It is not anchored to the ground but is probably too heavy to be portable. One of the options of staff is to consider a deck attached to the house that is treated with certain spacing and certain base materials that would be of less of an encroachment. We now have the hardcover numbers - 75-250' just the area within the lot line 38.5%; if credit is to be given for Out-lot B it reduces the percent to 28.6%. Outlot B holds the septic system drainfield and serves as the access roadway for the three properties. Taylor noted that the slope from the house to the lake is very shallow. : 'I MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 7 *876 RANDY ASPLUND Monge noted that when it does rain, the water actually pools in the front yard. Goetten reminded the Commission that the reason Council approved Asplund's project in the first place was because they wanted to get rid of the marina in a residential area. The Monges stated that they are willing to make compromises. They are concerned about the de ­ valuation of a property which was very costly. Asplund valued the concrete and boards at $2500. They would remove all of the existing cement and possibly have the same size patio as a floating deck . Chairman Kelley stated that he doesn't believe the floating deck should be viewed as a portable structure. Once it is put down, it will become permanent. We should view this as hardcover, but give the owners a variance for hardcover because the structure was put in illegally by the builder. Maybe the builder should be fined and not penalize the owners. Taylor moved, McDonald seconded to recommend approval of the after-the-fact hardcover variance for Randy Asplund, 3444 Eastlake Street subject to the following conditions: 1. Retain patio and walk to house. 2. Walkway from patio to shore be removed. Goetten moved, McDonald seconded to add the following to the motion: 1. The expense of removing the sidewalk be paid by the builder. Chairman Kelley recommended that a fine to the builder should be reviewed by the Council and pos ­ sible be increased. Motion, Ayes (4), Nayes (0). §906 SHIRLEY MCWILLIAMS 1120 t 1130 WILLOW DRIVE SUBDIVISION SECOND REVIEW LaDean McWilliams was present, was currently out of town. Shirley McWilliams MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 8 #906 SHIRLEY MCWILLIAMS Zoning Administrator Mabusth explained that this application involves a lot line rearrangement. It was tabled pending the Crystal Bay Sewer Project. The new line is 29' from the old line. There is a 16' wide utility easement. #929 LYLE E. RAHN 1146 HILOHURST TRAIL CONDITIONAL USE PERMIT SECOND REVIEW #934 ROBERT TSCHIDA 1300 POX STREET VARIANCE PUBLIC HEARING 9:21 - 9;24 PM L McWilliams sited that the driveway will not be shared. Zoning Administrator Mabusth stated for this review City is asked to grant a permanent variance for < ^thv•r a detached or attached garage. The City has p^aceu additional limitations on this property with the creation of a utility easement along the ’"ealized shared lot line. Chairman Kelley concurred that one option is to build a detached garage to cut down on required setbacks or add an attached garage with a 25' side setback variance, which wij1 be taken care of right now. Chairman Kelley moved, McDonald seconded to table application #906 Shirley McWilliams, 1120 Willow Drive for a subdivision so applicant ran discuss with City staff the issues. Motion, Ayes (4), Nays (0). Lyle Rahn was not present. He had requested to have his application tabled at this meeting. McDonald moved, Taylor seconded to table the application for a conditional use permit for #929 Lyle E. Rahn, 1146 Wildhurst Trail. Katherine Tschida was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public. Assistant Zoning Administrator Gaffron explained that the Tschidas were proposing to enclose a small entryway, approximately 4'x9.8'. MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 9 1934 ROBERT TSCHIDA Goetten stated that the Tschidas are neighbors and! she finds no problems with this proposal. McDonald mov^d, Goetten seconded to recommend ap­ proval for a variance to enclose a small entryway for Robert Tschida, 1309 Fox Street based on the following findings: r-' ■m :■ J,’ • 1. The entryway enclosure will create a more energy-efficient home. 2. The entryway enclosure will likely not affect any neighbor's views, etc. 3. Neither Fox Street or Hanlon Avenue are deve­ loped roads at this location, and the applicant has maintained the Fox Street right-of-way as yard area for a number of years, hence the proposed entryway gives the appearance of being setback nearly 60' from the edge of the yard. Motion, Ayes (4), Nayes (0). #935 WAYZATA COUNTRY CLUB 200 WAYZATA BLVD. WEST CONDITIONAL USE PERMIT PUBLIC HEARING 9:25 - 9:35 PM Jim Lindblad, Grounds Superintendent, was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public. Assistant Zoning Administrator Gaffron explained this application is regarding the pond that was constructed last winter. It was suggested to the applicant to bring in an overall landscape plan for a short review and for overall approval ot small projects. The pond constructed is approximately 25x75' and approximately 5 feet deep. The bank slopes are about 3:1 to 4:1. Lindblad noted that when they dug the pond on Highway 12 four years ago, they were brought before the Planning Commission at that time and were told that they had a grandfather clause that exists from the day of construction back in 1956. A permit would not be required each time some dirt was moved. MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15» 1985. PAGE 10 #935 WAYZATA COUNTRY CLUB Assistant Zoning Administrator Gaffron noted that the Planning Commission in 1981 recommended that this be handled on a staff basis. Lindblad stated that the City now has record of the Country Clubs long range plan, so if they apply on a regular basis that should satisfy everyone involved. Assistant Zoning Administrator Gaffron noted that the City Engineer has not reviewed this pirn and any recommendation for approval should be based on his approval. This is the final pond on this overall plan. The other items on the plan are extending of tees, changing of sand traps, tree planting and some berms going in. Zoning Administrator Mabusth stated that they must come in and got a land alteration permit - thus we would be able to monitor the projects. Assistant Zoning Administrator Gaffron clarified that the applicant would come in once a year and be given an overall permit for that years projects - then they wouldn't have to come in for each small project. Chairman Kelley questioned whether the ponds were designated wetlands and whether the ponds were chemically treated. Lindblad explained that the ponds are not being treated because they dump into Lake Minnetonka. They are decorative ponds. Goetten moved, Taylor seconded to recommend approval for the conditional use permit for the Wayzata Country Club subject to the following conditions; 1. To construct a pond adjacent to the 5th fairway. 2. To grant approval for future projects on a yearly basis. 3. To notify staff at the beginning of 1986 and each year thereafter, of pending projects and if staff deems it so necessary, applicant must go before the Planning Commission for review. Motion, Ayes (4), Nayes (0). MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 11 #936 I.AWRBNCE GARDNER 1085 TONAKWA ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:36 - 9:50 PM Mr. & Mrs. Lawrence Gardner were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron explained that the applicant is requesting a conditional use permit to do some grading within the 0-75' setback to remove a foundation from an old cabin (the cabin had been removed prior to this application). Essentially they would be turning the property back into the original contours. Glenn Cook, City Engineer has reviewed this grading plan and fore­ sees no problems with it as shown. Also, the applicant is requesting approval of removal of certain trees, anything that is 6" or larger are noted on the plan. Gardner stated that basically the trees he wishes to remove are a group of cottonwood trees and a couple of trees that are presently hanging right in the water. Also, on the other side of the plan there is a rather large cottonwood that they would like to take down because it appears to be dying. The total amounts of trees to be removed would be seven. He stated that they had been informed that these trees are dying and it would be better to replace them at this point rather than later. Chairman Kelley cited that his concern is the re­ moval of the ones hanging over the water because they aren’t that dangerous, however the ones that are dying should be removed. The ones that are vertical over the water may be removed. Assistant Zoning Administrator Gaffron explained that if some of the trees are allowed to remain, they may cause more problems. The entire pro­ perty, obviously needs to be rip-rapped at some point in th future, that is why the trees are tilting. The rip-rapping will not help those trees at all. The large cottonwood and the oaks should be analyized by an expert to find out if they are dying. Taylor questioned the Gardners as to whether they would be taking out the root system. MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 12 #936 LAWRENCE GARDNER Gardner noted that some of the trees may have the root system removed but most will remain. 1937 WPvARTON SINKLER 2195 FRENCH LAKE ROAD VARIANCE PUBLIC HEARING 9:50 - 9:58 PM Chairman Kelley moved, Taylor seconded to recommend approval for a conditional use permit for Lawrence Gardner of 1085 Tonkawa Road to regrade within the 75' setback lakeshore yard to conform to the original contours and removal of various trees in the lakeshore yard (4 trees) with the stipulation that 4 new trees be planted on the property in th*=* 0~75' setback zone and this is conditioned upon the applicant rip-rapping the lakeshore. Chairman Kelley asked the applicants if they under­ stood the hardcover stipulations within the 0-75' zone and within the 75—250' zone. The applicants indicated they understood fully the ordinances. Chairman Kelley moved, Taylor seconded to add one condition to the previous motion: the City to be notified the day of grading and the sodding must occur within seven days (hay bales to remain until the codding is completed) of that notification. Motion, Ayes (4), Nays (0). Wharton Sinkler was present. Randy Rosengren, the builder, was also present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Sinkler presented the Planning Commission pictures of the goats. Zoning Administrator Mabusth stated that she has received a written comment from Jim Johnston (the developer of the property in ques*-;on) stating that he has no objections to Mr. Sinklt ‘j plans. Sinkler noted that the goats start out at about 25 lbs. and full grown are about 150 lbs. Chairman Kelley noted that per ordinance 10.02 - 3 goats are one animal unit. Per Section 10.20, Subdivision 3(K) 2 acres are required per 1 ar.imal unit. The subject property is in the 2 acre zone and therefore up to three goats are acceptable. MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 13 #937 WHARTON SINKLER The lot is 152 feet at the widest point. A barn could never be constructed to meet the 150' setback. h #938 ROBERT NASH 1020 TOWNLINE ROAD VARIANCE PUBLIC HPJUlING 9:58 - 10:00 PM Zoning Administrator Mabusth stated the barn would be 62' from the road or 128' to the other property line on the other side of the right-of-way of Willow Drive. No complaints from the neighbors have been received. Sinkler noted that the only property owner that boarders the subject property is Jim Spencer, who had been at the meeting earlier but couldn't stay, has very favorable comments about the project. Zoning Administrator Mabusth noted that there is another section of the code that discusses that animal barns would have to be 150' from any adjacent residence. This application certainly satisfies that standard. Rosegren explained that the only two boundaries that the structure would encroach upon would be the road and the wildlife area. Sinkler stated that they wil 1 not be requesting any more goats than the a 1 lowed 3 goats and they had no intentions to add on to their house. McDonald moved, Goetten seconded to recommend approval of the 88' or 22' variance setback for the proposed 12'xl6' animal shelter for Wharton Sinkler and Margherita Gail Harris to house their two pet goats based on the the hardship of the narrow lot width at a maximum width of 152 feet. Motion, Ayes (4), Nays (0). Robert E. Nash was present. Assistant Zoning Administrator Gr.ffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron explained that Mr. Nash has a 5.8 acre lot of which 5.5 acres is buildable in a 5 acre zoning district. Nash is proposing to build a pole barn near his north lot line. *«W«#»Hitv MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 14 #938 ROBERT >U^SH Nash stated that the house to the north is probably 400' from the proposed structure. Taylor asked if there is an advantage to having the structure very close to the lot line opposed to further south. Nash commented that the back is already pastured and fenced and from where the detached garage is from the house, for visibility purposes the pro­ posed site is the best location. If it were moved further to the south, it would be screened from the garage. Chairman Kelley noted that the basic hardship is the lot width. Assistant Zoning Administrator noted that the structure should be at least 10' from the lot line. Gaffron requested a written statement from the neighbor stated they have no objection to the proposed location, prior to the Council meeting. Goetten moved, Taylor seconded to recommend approval of a side setback variance to construct a pole barn for storage and for use as a stable for horses for Robert Nash with the following findings: 1. This property and that to the immediate north are 5-acre lots in th 5-acre zone and are not subdividable under current zoning regulations. 2. Both this property and that to the north have established residences and both are currently main­ taining a limited number of horses, which is an established use for the properties. 3. The properties to the east and south are developed and the proposed barn will be located more than 150' from these lot lines. 4. The proposed barn will be located 400 feet or more from the residence to the north. 5. Applicant has a hardship in that the property width is only 223', hence a 150' setback from both side lot lines is impossible. And subject to the following condition: 1. Applicant to submit from adjacent neighbor written approval for proposed site. NINUTBS OP THE PLANNING COmiSSION MEETING H8LD JULY 15, 1985. PAGE 15 •938 ROBERT NASH #940 ANN C. PISRBR 774 TONKAWA ROAD VARIANCE PUBLIC HEARING 10:04 - 10:15 PM Motion, Ayes (4), Nays (0). Ann C. Fisher was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron explained that the applicant is requesting a variance to the average lakeshore setback in order to construct a deck and screen porch on the lakeside of the existing house. There is a steep bank from approximately the 75* line to the shoreline. There is some screening between houses to the south, and a small amount between subject property and the house to the north. The request is to exceed the average house setback by approximately 15' with the deck and screen porch. No neighbors have commented on the project. There is no hardcover problem on this property. Fisher stated that Gabriel Jabbour (neighbor) had talked to Zoning Administrator Mabusth and said everything looked fine. Lajoys also had no problems with the proposal. The hardships include the fact the lot is so narrow and the hill is very steep. Assistant Zoning Administrator Gaffron noted that the existing houses on either side are set back more that 75'. Goetten moved, Taylor seconded to recommend approval of the average lakeshore setback and side yard setback variances for Ann C. Fisher finding that: 1. The hardships to the property are locations of the neighboring residences, and the angle of the lakeshore in relation to the lot. 2. The neighbors lakeshore views will not be affected due to topography and existing natural screening . 3. The increase in hardcover is within the limits prescribed in the zoning code. I MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 16 1940 ANN FISHER 4. The proposed addition will retain a 95* setback from the lake. 5. The side setback encroachment of the new addi­ tion is less severe than the encroachment of the existing house. And subject to the following condition; 1. The applicant is put on notice that the present hardcover is 23% and any future plans may have limitations put on them within the 0-75* zone. Assistant Zoning Administrator Gaffron explained that in most cases where the building exter.tion actually creeps farther away from the lot line, staff handled the application and if all other points were in order the building was permitted without a variance. Technically speaking, there may be some merit to bringing an application such as that in for a variance, an issue the Council will have to address. At this point, when you are 8* instead of 10* from the side lot line, should there be a side setback variance requested? In the past the policy has been to allow such an extention on an existing house even if the extention en­ croaches the setbacks. Zoning Administrator Mabusth noted that it improves a substandard setback. Fisher noted that an addition to the house is also being planned. The plans have been turned into the building office 1. Could the footings be allowed to go in for the deck before the application goes to Council, for economical reasons? Assistant Zoning Administrator Gaffron stated that this application could go the July 22nd Council meeting which would speed up the process. Motion, Ayes (4), Nays (0). #941 PAUL R. NUTT 2739 SHADYffOOD ROAD VARIANCE AND CONDITIONAL USB PERMIT PUBLIC HEARING *, • ^ _10:15 - 10;30 PM Paul R. Nutt was not present. Zoning Administrator Mabusth noted the certificate of mailing and atfidavit of publication. The following from the public were present: MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 17 #941 PAUL R. NUTT Mr. Thimmesh of 3430 Florida Avenue No. Mr. Fleischhacker of 2775 Shadywood Road Mr. Ogle of 2771 Shadywood Road Mr. Eddows had been present but had to leave the meeting early. Ogle expressed that at the last Marina Committee meeting the involved parties were informed they had to file a variance b< fore the deadline date for the Juiy Planning Commission meeting. The lack of respect displayed by the non-resident owners is disgusting. They are building docks without per­ mits, cutting power across property lines, and the parking on County Road 19 is a big problem. The City should serve notice on those non-resident owners should they not make the deadline date for the August Planning Commission meeting and shut down their docks until they comply with the or­ dinances. Goetten questioned why they were able to subdivide these lots, after the Marina Committee had resolved the issue. Zoning Administrator Mabusth revealed that there was never an agreement executed. Mr. Johnson never abidded by anything he agreed to before the Marina Committe when he asked the Chairman if he could get a building permit issued for the boat. Chairman Kelley mo'ved, Taylor seconded to table the applicat.-v.ri for a variance and conditional use permit for Paul R. Nutt because the applicant was not r'rr: \‘ Chairman Kelley recommended to Council to set up immediate action to be taken by staff if the non­ resident owners do not file for a variance before the August Planning Commission deadline date. Motion, Ayes (4), Nays (0). #942 ARTHUR PINKBLSTEIN 1740 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 10:30 - 10:40 PM Mr. & Mrs. Arthur Finkelstein were present. Assistant Zoning Administrator Gaffron noted the certificate- of mailing and the affidavit of publication. No one was present from the public for this application. i MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 18 #942 ARTHUR PINKELSTEIN Assistant Zoning Administrator stressed that a survey must be submitted before the application goes to the Council meeting. Gaffron reported that the applicants are rquesting a hardcover variance to construct a garage addition in the 75-250' zone. Existing hardcover in this zone is 34.5% including gravel and paved portions of the driveway. The garage addition will be in front of the existing garage, covering mostly area that is already hard- covered. A number of rock beds underlain by plastic have been removed by the applicants since they bought the property in June, 1984. They also plan to remove portions of the existing graveled area south of the garage as well as portions of sidewalk, for a net reduction in 75-250' hardcover of 86 square feet, reducing the percentage to 33.7%. Chairman Kelley cited that the original hardcover is 34.5%, there should be no additional hardcover and this can be done by moving things around. Goetten remarked that the applicant be put on notice that the boat house is a non-conforming structure in the 0-75' setback. Assistant Zoning Adminstrator Gaffron explained that the boat house is grandfathered with the following conditions: 1. The boat house cannot be changed or upgraded. 2. Minimum maintenance can be done. 3. If it falls into disrepair, to a point that it is hazardous, it may be ordered to be removed. Chairman Kelley moved, Goetten seconded to approve the hardcover variance to construct a garage addition in the 75-250' zone from 25% to 34.5% which is the existing hardcover percent for Arthur Finkolstein. The applicants are to work with staff to rearrange the hardcover on the property to either reduce hardcover or remain at the 34.5%. The applicants are placed on notice that no additional hardcover within the 0-75' zone and no additional hardcover within the 75-250' zone above the 34.5%. Motion, Ayes (4), Nays (0). -» . ^ ,94l'^a^°l COHMISSION HEETINC HE14> aOL* 15, 1985. PAGE 1, 1975 PAGBRIIBSS POINT ROAD VARIANCE PUBLIC HEARING 10.40 11:05 PM Susan and John Purdy were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron presented the application to the Commission. The applicants are requesting a hardcover variance in order to construct an addition to their home. The survey shows an addition that is on the road-side of the house 10x24' and a deck and hot tub that is proposed to be constructed this summer. Their plans include adding to the garage, and adding to the south of the house. Looking at the hardcover from the traditional standpoint 0-75 existing is 1921 s.f. with no proposed changes. in the 75-250' existing is 1499 s.f. with the first proposal added would be 1776 s.f. and the ^ would bring it to 2640 s.f. which IS 29.8%. The reason why this application was brought as a variance is the Council has stated that If the property is over the total allowed amount of hardcover it must be reviewed as a variance. The Purdy's stated that they have submitted a ^airman Kelley announced that this Commission must treat everything as hardcover until Council so deems it not. Johnsons. Some of the Johnson's hardcover falls on that doesn't have to be added in the hardcover percentage - which only avoids the Johnson issue. Assistant Zoning Administrator Gaffron informed the Commission that the Mortensons were allowed 1.66 imes the maximum allowed hardcover for their entire property. very similar in topoghraphy. ’MW:r« MIMUTBS OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 20 §943 JOHN t SUSAN PURDY ‘F ’ , ! Mrs. Purdy explained that the Mortenson's deck was not included within the hardcover calculations for the Mortenson property and it was for the Purdy property. Assistant Zoning Administrator Gaffron noted that the difference between what the Purdys propose to do and the 1.66 x is within a few square feet. The items suggested in the memo to be removed would bring the total to 3690 s.f. which is within 20 s.f. of 3673 s.f which is the 1.66 x's equivelant. The whole proposed 5 year plan should be addressed so the Purdys can determine whether they want to stay on the property. Chairman Kelley advised staff to review the Mortenson's property and take the multiplier and use it with this application. McDonald stated that this would be starting a precedent and should be avoided. Just set an amount not to be exceeded. Goetten moved, Taylor seconded to recommend approval of the hardcover variance for John and Susan Purdy for their 5-year proposal based on considerations as stated below: 1. Remove kennel hardcover 213 square feet 2. Remove trampoline area hardcover 360 squre feet 3. Remove plastic from 10x16 deck 160 square feet 4. Remove plastic from NW and NE house rock edging 165 square feet 5. Allow 10x24 addition plus 12x13 hot tub deck 6. Allow future 16x42.5' SW addition 7. Allow future 12x24.1' garage addition - consider a rebuild to bring it within property boundaries 8. No new plastic underlined rock beds allowed along future or pending addition 9. Applicant must work with staff so the applicants do not exceed 3700 s.f. overall of hardcover. ir MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 21 «943 JOHN & SUSAN PURDY #944 JAMES LEAR 3127 CASCO CIRCLE VARIANCE PUBLIC HEARING 11:05 - 11:20 PM Chairman Kelley reported that some additional building is being allowed within the 0-75* zone. The hardship being the lake on both sides of the property, the configuation of the land and the steep slopes. Assistant Zoning Administrator Gaffron noted the 1 year expiration date for the variance. Also, this application will be taken to the July 22nd Council meeting to speed up the process. Chairman Kelly declared the expiration date still is one year. The applicants, after one year, may come and reapply for the variance. Goetten stated that the applicants are to be put on notice that they are at the maximum allowed hardcover on their property. Motion, Ayes (4), Nays (0). James Lear was present. Robert A. Swanson, the landscaper, was also present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. No one was present from the public for this application. Zoning Administrator Mabusth explained to the applicant that the proposed setback from the road to the fence is actually 2' from the road right-of- way, not 15 ’ as the applicant had thought. The applicant has installed a 6 foot high privacy fence in the street yard of his lakeshore home. The fence has been installed with a permanent foundation and appears to function as an integral part of the lakescaping for the street yard. The fence actually creates no hazards - the trees that were there before wore much more hazardous. Lear stated that the fence was basically put there for landscaping reasons. The fence is only 40* wide instead of 48* wide. It covers less than half of the frontage of the property. Chairman Kelley stated that he found it very diffi­ cult to leave the fence in the present location because of the height of the fence, the neighbor­ hood doesn't have a lot of fencing, and how far it is back from the street. The fence should be in MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 22 1944 JIM LEAR W-I; ^ full compliance with the ordinances. Lear noted for the record that the park across the street is deteriorating the neighborhood because it is so overgrown, the trees are dyirj of dutch elm disease, and th»'re is garbage lying around. The fence was placed on this property to enhance the area. The fence doesn't block anyone's view. Also, the sprinkler system pipes are under the fence and would be quite costly to replace else­ where. Goetten moved, McDonald seconded to recommend approval for the height and setback variance application for a 6'x40' privacy fence located 2 feet from street right-of-way for James Lear based on the following findings: 1. The current landscape project has already removed the tres and shrubs that created viewing and possible hazards to public safety. 2. The street yard fence is an integral part of landscaping plan. 3. The fence or accessory structure location appears to be consistent with setbacks of existing accessory structures along Casco Point Road and Casco Circle. 4. The fence does not block anyone's view. Condition of the approval : No further construction of any wood structure is to be put up along the right-of-way. Motion, Ayes (25, Nay (2). Kelley and Taylor voted nay. Chairman Kelley noted that he feels there are not enough hardships for the application to receive an approval for the variance. Taylor agreed with Kelley's findings. Lear explained the they have a security system from Honeywell. Honeywell had advised the Lears that the fence gives the illusion of more protection for the property. Another point is Casco Circle is a dangeroris road for children, and the fence helps to keep them off the street.n I LlLii 1 i MINtlTBS OP THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 23 APPROVAL OF MINUTES Goetten moved, Taylor seconded, to approve the Planning Commission minutes of June 17, 1985. Motion, Ayes (4), Nays (0). REPRESENTATIVES TO ATTEND COUNCIL MEETINGS Taylor volunteered to attend the Council meeting of July 22, 1985. Goetten voJunteered to attend the Council meeting of August 12, 1985. ADJOURNMENT 11;27 PM Goetten moved, McDonald seconded, to adjourn the regular Planning Commission meeting at 11:27 p.ra. Motion, Ayes (4), Nays (0).