HomeMy WebLinkAbout08-19-1985 Planning Minutes» .rx -
PLANNING COMMISSION MEETING
MONDAY, AUGUST 19, 1985 7:30 P.M.
1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS
COUNCIL REPRESENTATIVE - Tom Frahm
ATTENDANCE
SCHEDULED PUBLIC HEARINGS
1.7:30
2.9:00
ACTION IT
3a.#941
3b.1946
3c.1951
4.#945
5.#947
6.#949
7.#950
8.#952
9.#953
10.#954
11.#956
Preliminary Subdivision
Tabled at July Meeting
Variance - Public Hearing
Variance - Public Hearing
Conditional Use Permit - Public Hearing
Variance - Public Hearing
Variance - Public Hearing
George Rovegno, 2010 Shoreline Drive -
Appeal - Interpretation of Fence Ordinance - Public Hearing
Frank Kokesh, 4100 Watertown Road - Appeal
of Stock Farm and Home Occupation Sections
Interpretation
Public Hearing
#953 Chaska Marina, North Shore Di’*’ - ' ariances - Public Hearing
Conditional Use Permit - Public Hearing
Variance
ADDITIONAL ITEMS
12. Planning Commission approval of July 15, 1985 minutes.
13. Planning Commission to select representative to attend the
September 9, 1985 Council Meeting.
adjournment
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MINDTBS OP THE PLANNING COMMISSION METING HELD AUGUST 19, 1985. PAGE ^
ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with the
following members present: Chairman Callahan, Goetten,
McDonald, Sime, Rovegno, and Taylor. Kelley was absent. The
following represented the City Staff: City Administrator
Bernhardson, Zoning Administrator Mabusth, Asst. Zoning
Administrator Gaffron, c<nd Recorder Peterson. Council
Representative Frahm was also present.
#948 DAVID C. BELL INVESTMENT COMPANY
565 LEAP STREET
PRELIMINARY SUBDIVISION
PUBLIC HEARING 7:30 - 7:47
Representing the applicant. Larry L. Hanson of Schoell &
Madson, Inc. was present. Also present was Jim Orr of Schoell
and Madson, Inc.
Asst. Zoning Administrator Gaffron noted the certificate of
mailing and the affidavit of publication. Gaffron explained
the request for a two-lot subdivision of a 5.9 acre "through"
lot in a two acre zoned district. Lot 1 is proposed at
approximately 2.5 acres dry buildable. Lot 2 proposed at
approximately 3.2 acres dry buildable. Gaffron pointed out
on the survey the existing driveway and house to the
interested persons.
Loren Klitzke, 555 Oxford Rd., expressed concern regarding
the access of the driveway on Oxford Road. Larry Hanson
stated that in his opinion the future home should be built
near the end of the culdesac, but that would be up to the
future home builder.
Zoning Administrator Mabusth stated that Planning
Commission member Kel ley, who was unable to attend, has asked
what is the future plan for the existing swimming pool,
i, Mabusth stated that Kel leyis concerned that it was possibly a
nuisance attracting young kidswithno one really watching it
and a potential hazard.
Mr . Hanson stated that the plans for the swimming pool have
not been discussed, but based on staff's report he would
recommend the pool be taken out and/or filled.
Asst. Zoning Administrator Gaf ron pointed out the existing
drainage easement in answer to Mr. Klitzke's question
regarding runoff control.
Richard J. Williams, representing the Church of Religious
Science, stated that the Church had no objections to the
subdivision but expressed concern that the future property
owners have no objections to the existing use and activities
of the church.
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•flNUTBS OF THE PLANNING COMMISSION MEETING HELD AUGUST 191 1985. PAGE 2
1948 -565 LEAP ST. continued
Asst. Zoning Administrator Gaffron stated that Reverend
Chaffin was concerned about the encroachment of the patio*
which is used for church services, into the proposed
subdivided property.
As a potential solution to the encroachment problem, Mr.
Hanson suggested a possible conveyance of that certain
property to the church.
Mr. W.J. Koronkiewicz, 465 Leaf St., was in attendance for
this matter.
Goetten asked about the plans for the existing house.
Mr. Hanson stated that when the property was acquired, they
thought they had a full 6 acres and was unaware of the high dry
buildable ordinance, and felt they were dealing with a
minimal variance. Due to these problems, their plans are to
sell one lo« for a new home to be built, and sell the other lot
with the existing home. Mr. Hanson also stated that the
applicant understands that he will be responsible for
partial road maintenance of Oxford Road.
It was moved by Chairman Callahan, seconded by Sime, to
recommend approval of the proposed subdivision subject to
staff's 4 recommendations as listed in addition to 5)
conditioned upon obtaining approval from necccssary parties
for use of Oxford Road for entrance to Lot 1, 6) applicant
being notified of the attractive nuisance of the swimming
pool and need to be addressed. Motion, Ayes (6), Nays (0).
ZONING AMENDMENT
PUBLIC HEARING 12:14
Due to the late hour, it was moved by McDonald, seconded by
Goetten, to continue this public hearing until the next
Planning Commission meeting. Motion, Ayes (6), Nays (0).
#941 PAUL NUTT, #946 DAVID C. COOK, #951 JOHN THIMMISH
2739 SHADYWOOD ROAD
VARIANCE
PUBLIC HEARING 7:58 - 8:29
Paul R. Nutt, David C. Cook, and John & Patti Thimmish were
present for this matter.
Zoning Administrator Mabusth noted the certificate of
mailing and the affidavit of publication.
Zoning Administrator Mabusth explained the ownership of the
lots located west of the Narrows Bridge: John Thimmish owns
tracts S (riparian) & T (land), Paul R. Nutt owns tracts 0 & R
(riparian) and P & Q (land) which he is in the process of
selling tracts Q & R, David C. Cook owns riparian tract E. The
adjacent land tract (D) to Mr. Cook's riparian tract is owned
by Mr. R. Ogle. Tracts M & N and K & L are owned by two ad jacent
land owners, Mr. Casey and Mr. Flcischhacker.
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MINUTBS OP THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 3
#941-1946-1951 2739 SHAOYWOOD RD. continued
Zoning Administrator Mabusth stated that the question is how
to deal with the non-conforming use of these properties.
Mabusth noted that the City has been aware of the non-
conforming use of these lots since the late 50's. Mabusth
gave a short background as to when these lots were purchased
by the applicants'. Mabusth indicated that because the
applicants' are non-adjacent property owners creates the
illegal non-conforming use, which has been a non-conforming
use for the past 30 years. Mabusth also noted that some of the
tracts have been combined and some have not.
All three applicants indicated that their request is to be
allowed to use the lots for boat dockage. In order to do this,
the City must recognize them as a legal non-conforming use.
Rovegno questioned, since back in 1955 this use was
apparently a legal thing to do, at what point did it become an
illegal use?
Zoning Administrator Mabusth indicated the change occurred
in 1967, when the formal zoning came in.
Zoning Administrator Mabusth stated that the Planning
Commission is being asked to address two things: 1) recognize
these lots as a legal non-conforming use 2 ) grant conditional
use permits because these lots have accessory structures
with no principal structure.
Mr. Ogle stated that issues to be considered are that the
applicants' want tc change the conformity of the lots, the
lots were intended for residents, parking and access
problems for guests, and the problem with regulating the use
and number of boats being docked.
A person from the public stated that the LMCD allows one boat
per 100 feet of lakeshore and the lots in question are 20 foot
lots.
Tom Frahm, Chairman of the Marina Committee, stated that the
Marina Committee found a problem with the number of boats and
ownership of boats. Frahm stated that the real problem is
that the Marina Committee felt they could not deal with the
dockage problem without a legal definition of what these
pieces of property are, which is why it is before the Planning
Commission.
Rovegno wanted to make clear the Planning Commission's
issues in this matter which is a conditional use permit to
allow an accessory use absent a principal use and variances
because the lots are sub-standard under the terms of today's
zoning review. Rovegno felt that is what probably a
reasonable use because it has been done for over 30 years.
Rovegno questioned whether these docks have permits from the
LMCD.
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HINUTBS OF THE PLANNING COMMISSION MEETING HELD AUGUST 19» 1985. PAGE 4
#941-#946-i951 2739 SHADYNOOD RD. continued
Zoning Administrator Mabusth stated that the LMCD considers
this a grandfathered situation and that the docks are legal
because they existed prior to the creation of the LMCD.
Mabusth also stated that the LMCD recommends 50 feet of
lakeshore per boat but would consider variances for a minimum
of 10 feet for one boat.
Mr. Ogle stated that a "grandfathered" clause should pertain
to the original owner only and not be sold off.
There were no other comments from the public and the public
hearing was closed.
Chairman Callahan felt that Mr. Ogle's statements regarding
parking problems should be considered.
It was moved by Callahan» seconded by Goetten, to recommend
granting the Conditional Use Permit's to use as a non-
conforming use subject to no parking be allowed on property
they don't own and allowing one boat per non-adjacent
landowners. Motion, Ayes (4), Nays (2). Sime and McDonald
voted nay for reasons of limiting one boat per owner creates a
hardship.
f945 R.J. BAUMAN
1040 TONKAWA ROAD
CONDITIONAL USE PERMIT
PUBLIC HEARING 8:53 - 9:03
Asst. Zoning Administrator Gaffron noted the certificate of
mailing and the affidavit of publication.
Mr. Robert J. Bauman was present for this matter. Mr. Bauman
stated that he wants to clean up his shoreline area using a
backhoe to remove tree stumps and poison ivy which requires a
conditional use permit. Mr. Bauman stated that he will
comply to all of staff's recommendations as listed in their
report.
Asst. Zoning Administrator Gaffron indicated an issue
regarding the drainage pipes.
Mr. Bauman stated that there is a surface drainage problem
that ran down to the Noeltings property and that the pipe is
just laying there now.
The Noeltings, 1060 Tonkawa Road, stated that now that the
fence is there, there is no drainage problem.
Jurgen Stielow, 1020 Tonkawa Road, stated that he didn't like
seeing mature trees taken down.
It was moved by Sime, seconded by Goetten, to recommend
approval of the Conditional Use Permit, subject to applicant
complying with the five conditions recommended by staff and
that staff will review and work with applicant regarding the
drainage on the north lot line. Motion, Ayes (6 ), Nays (0).
MINUTES OP THE PLANNIIK: COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 5
§947 NORMAN ft CHRISTIE DBMITT
1180 LYMAN AVENUE
VARIANCE
PUBLIC HEARING 9:05 - 9:08
Norman Dewitt was present for this matter. Mr. Dewitt is
requesting a lot area variance to build a home on a 1-1/2 acre
lot in a 2 acre minimum zone.
Asst. Zoning Administrator Gaffron noted the certificate of
mailing and the affidavit of publication.
Chairman Callahan reviewed with Asst. Zoning Administrator
Gaffron staff's finding for recommendation of approval of
the variance. Gaffron noted that the variance on this
property had been granted twice previously and this is merely
a renewal variance.
Brian Palmer, 1190 Lyman Avenue, was present and stated he
had no objections to the variance.
It was moved by Rovegno, seconded by Goettcn, to recommend
approval of the variance. Motion, Ayes (6), Nays (0).
#949 GERALD ANDERSON
4495 NORTH SHORE DRIVE
VARIANCE
PUBLIC HEARING 9:11 - 9:14
Gerald and Barbara Anderson were present for this matter.
Kenneth Hage, contractor-applicant, was also present. The
Anderson's are requesting a variance of the average
IcKeshore setback to build an addition.
Asst. Zoning Administrator Gaffron noced the certificate of
mailing and the affidavit of publication.
Mrs. Anderson stated that the neighbors have been notified of
the plans and have shown no objections.
Mr. Anderson stated that he plans to keep the existing
garage.
It was moved by Sime, seconded by Rovegno, to approve the
average lakeshore setback variance. Motion, Ayes (6), Nays
(0).
1950 GEORGE ROVEGNO
2010 SHORELINE DRIVE
APPEAL-INTERPRETATION OP PENCE ORDINANCE
PUBLIC HEARING 9:16-10:17
Mr. & Mrs. George Rovegno were present for this matter. At
this time, George Rovegno stepped down as a Planning
Commission member for this matter.
Zoning Administrator Mabusth noted the certificate of
mailing and the affidavit of publication. Mabusth explained
Mr. Rovegno's appeal which dealt with the interpretation of
an amended ordinance (amended 1/28/85) Section 10.03,
Subdivision 15 Non-Encroachments (C) regarding fences.
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HINUTBS OP THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 6
1950 ROVBGNO continued
Mabusth felt that the intent of amending the ordinance was to
clarify it, cleanup language dealing with "front yards", and
setting limits on the reasonable functions of fences.
Mabusth stated that the issue before the Planning Commission
as whether the amended ordinance dealt specifically with
lots that abut lakeshore and reared major thoroughfares or
streets or did it deal with any kind of lakeshore yard that is
intercepted by a major thoroughfare.
Per Commission member Taylor's request. Zoning
Administrator Mabusth gave examples of Orono properties that
fit closely to her interpretation of the ordinance: lots
along Sbadywood, the corner lot on Oxford Rd. McDonald
mentioned the Pillsbury property is a good example.
Zoning Administrator Mabusth contends that the problems is
not dealing with the non-encroachment of yard requirements,
but lakeshore setback requirements.
Chairman Callahan noted that the Planning Commission has
before them (this evening) another proposed amendment to the
fence ordinance for them to consider. Callahan inquired
whether this hearing would be a waste of time if they were to
approve the amendment.
City Administrator Bernhardson stated that the proposed
amendment dealt only with fences 3-1/2 feet above the ground.
Mr. Rovegno stated that he has expressed to staff that he
would be willing adminir,tratively to relocate the fence, but
as it stands the ordinance clearly permits the fence.mm
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Art Tourangeau, 2060 Spates Ave., stated that he felt the
fejnce would create a hazard during the winter with snow
build-up against the fence and the narrowness of the road
when one wants to turn on Spates Ave.
Lyle and Norma Godfrey, 2060 North Shore Drive, were present
for this matter. Norma Godfrey felt that the fence
depreciates the value of their property, two sections of the
fence have already been removed because of graffiti, the
fence is dangerous, it is distracting to motorist,and blocks
the view of the lake. Ms. Godfrey stated that she also
believes this fence nas been planned for some time and cited
dates of filings and notices proving so. Ms. Godfrey also
noted that taxpayers' monies have been spent on the court
proceedings involved with Mr. Rovegno's threatened
litigation with the County over the used right-of-way of
County Rd. 15 and the out of court settlement granting
Rovegno the right to erect a fence within the easement for
road mainte.'iiance, and would like to see the fence removed.
Chairman Callahan stated that the comments from the public
are well taken, but the Planning Commission ' s purpose at this
point, is to decide whether Mr. Rovegno had the right to erect
the fence without a permit as the ordinance stands today.
MINOTBS OP THE PLANNING COMMISSION MEETING HELD AUGUST 19. 1985. PAGE
«950 ROVEGNO continued
Mr. Rovegno explained his purpose of the proceedinas with
Hennepin County which were brought up by Norma Godfrey He
then went on to explain his many reasons forerec^In^tSe
t VO ^^®spassing, litter & dumping, physical
oarkina^ assault, vandalism, road noise, speeders & illegal
parking, and screens him from zoning code violations Mr
there\o protect
thafVo Lo ® major thoroughfare. Mr. Rovegno statedthat he has tried to grow bushes but the salt kills them Mr
Aci;::!^?str?t'^^^^ the approv'arof \JeTon?JgCounty, Dept, of Transportation,
Hennepin County Board, and the decree of the
prudence in this matter. He also noted
erected this fence, he has not had any of the problems he previously stated. ^
the issue before the Planning
Commission is to determine whether Code Section 10.03
Subdivision 15 (C) applies only tr^ear yardrwhich abu^ a
major thoroughfare and not lakeshore front yards that abut a
major thoroughfare; and that his lot is subject to standards
lo??.^ lakeshore lot owners si^cethe lot IS divided by a public road.
Mr. Rovegno cited Section 10.03, Subdivision 15 (C) and then
two diagrams showing typical front & rear yards^of
lakeshore properties. Mr. Rovegno stated that he felt the
intent of this section of the code was to provide Pr^
?iloJough1arl entrlngad by a majo^
Regarding the viewing rights by neighboring lots. Mr
Rovegno stated that his lot is a conti|ucus riparTan iTt'.
Hf; "°«9no quesgoned why the City has taken action against
his fence when there are numbers of other fences, which he
submitted 11 photos of such fences. which he
For record, Phil Kaley, 1395 Brown Rd. S., was present for
is natter. There were no other comments from the public.
Mabusth advised the Planning
Commission of commission member Ke 1 I ev ' s opinion on t-hic
aSolT*^ denying the appeals application because lots like^the
applicant s are unusual and special requiring individual
review. This specific section of the o^Sinanle Ca^iever
designed to cover lakeshore lots divided by a Sr
iui p?oMe: of the obW^Ss
Commission member Sime stated that he felt staff has acted
correctly noting his agreement with the fence being a Public
Nuisance per Section 9.22 and he would deny the appeal
HIHUTBS OF TUB PLANNIHG COMMISSION MEETING HELD ADGOST 19, 1985. PAGE 8
1950 ROVBGNO continued
Conunission member Goetten stated that she feels that the
fence does not meet the intent and standards of Section 10.03
Subdivision 15 (C) and agrees will Sime.
Commission member Taylor stated that he agrees with the
applicant’s contention that the fence conforms with Section
10,03 Subdivision 15 (C),
Commission member McDonald stated that she agreed with Sime
and Goetten.
Chairman Callahan stated he agreed with Sime, Goetten, and
McDonald. Callahan stated that he felt Section 10.03
Subdivision 15 (C) was not referring to Rovegno's type of
property and didn’t consider his kind of problem.
Coi^ission member Sime stated that in addition to Section
9.22 permitting a public nuisance, he felt that this fence is
endangering the safety of those using the public access under
Section 9.21 a public nuisance.
Mr. Rovegno stated that the public access at the end of Spates
Ave. was a public nuisance, whether his fence is there or not.
The ruling of the Planning Commission was 4-1 to deny the
appeal and find that staff’s interpretation of the ordinance
is correct. Sime, Goetten, McDonald, and Callahan in favor
of denial. Taylor against denial.
#952 PRANK KOKESH
4100 WATERTOWN ROAD
APPEAL-INTERPRETATION OP STOCK FARM
AND HOME OCCUPATION SECTIONS
PUBLIC HEARING
Neither Mr. Kokesh or his attorney were present for this
matter. Because of his absence, it was moved by Callahan,
seconded by Goetten, to table this matter until the Sepi ember
16th meeting. Motion, Ayes (6), Nays (0).
Earl and Betty Dorn, 4045 Watertown Road, were present for
this matter. Chairman Callahan agreed to hear them but
informed them that no action would be taken at this meeting.
Mr. Dorn stated that Mr. Kokesh’s operation has been in
violation for years and the city has failed to do anythinq
about It until now. He feels that residents should receive
equal treatment.
Chairman Callahan assured Mr. Dorn that if the applicant
fails to appear at the next meeting action wi 11 be taken in his absence.
MINUTBS OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 9
#954 ORONO GOLF COURSE
265 ORONO ORCHARD ROAD SOUTH
CONDITIONAL USE PERMIT
PUBLIC HEARING 7:53 - 7:56
Chairman Callahan explained the application for a
conditional use permit for expansion of the 4th tee and
regrading of tee apron area at the Municipal Golf Course.
Asst. Zoning Administrator Gaffron noted the certificate of
mailing and the affidavit of publication. Gaffron submitted
plans drawn up by the City Engineer for fill and grading near
the 4th tee on the Orono Golf Course.
There were no comments from the public regarding this matter
and the Public Hearing was closed.
It was moved by Goetten, seconded by McDonald, to recommend
approval of the Conditional Use permit as submitted.
Motion, Ayes (6), Nays (0).
1956 MRS. PHILIP W. PILLSBURY
1200 BRACKETTS POINT ROAD
VARIANCE
Mr. William W. Scott, architect for Mrs. Pillsbury, was
present.
Zoning Administrator Mabusth explained that when the
building permit was filed it was found that the old
foundation was not going to be used with the new
construction, therefore a lot area and lot width variance is
required. Mabusth stated that it is an improved lakeshore
setback because the new structure will be located out of the
75 foot setback area. Mabusth also stated that this
application was too late for the Public Hearing deadline, so
the Planning Commission is being asked to nake their
recommendation and the Public Hearing will be held before the
Council at the August 26th meeting.
It was moved by Chairman Callahan, seconded by McDonald, to
approve the procedural variance application as recommended
by staff in their findings as listed. Motion, Ayes (6 ), Nays
(0).
#953 CHASKA MARINA
NORTH SHORE DRIVE
VARIANCES
PUBLIC HEARING 10:58 - 12:04
Asst. Zoning Administrator Gaffron noted the certificate of
mailing and the affidavit of publication. Gaffron explained
the applicant's request for variances to permit commercial
open storage and parking of commercial and employee
vehicles. Gaffron explained that there are two separated
properties, owned by Chaska Marina, that are not adjacent to
the property itself but separated by residential used lots
within the B-2 zoned district.
NlNUnS OF THB PLANNIMG COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 10
1953 CHASKA MARINA continued
Jim Dunn, President of Chaska Marina, and his attorney, Bruce
C. Douglas were present for this matter. Mr. Douglas stated
that this is a commercial marina permitted zone, with pre
existing uses which have certain grandfather rights within
the City. Douglas explained that his client is seeking a
variance to the area and use functions of two parcels, 3340 &
3350 North Shore Dr. Douglas stated the area variance is
needed because neither parcel meets the minimum 1/2 acre
requireme.^t. The use variance is required because there is a
pre-existing adjacent residential use involved. Douglas
noted that the proposed site plan takes into consideration
the 75' lake setback and 10' sideyard setbacks, and the plans
meet the hardcover ordinance. Douglas stated that they
intend to put in a 3' high staked fence to physically protect
the 10' sideyard setback areas from use by the Marina.
Douglas also stated that they intend to abide by any setback
requirements from the roadway even though the site plan
doesn' t show it. Douglas also informed them that the house at
3340 North Shore Dr. is prohibited by contract from being
destroyed prior to August 1, 1986. He r '.ed that he has
written to the contract vendor seeking permission to destroy
the house prior to that date and has not yet received a
response. If they do not receive permission, Mr. Douglas
said that the house will be removed no later than a month after
August 1, 1986. Douglas stated that the house on the other
property is not a problem house in terms of structural
stability.
In order to respect the rights of the adjacent residential
property owners, Mr. Douglas stated that they have attempted
to delineate and identify the issues that must be dealt with
such as providing the neighbors with copies of signed
statements from all the employees of Chaska Marina
acknowledging that they are aware of the trespassing rules.
Mr. Douglas stated that it is che residential property owners
interests which are non-conforming in this area and that the
burden of obligations must be met by all persons involved.
Douglas stated that they are merely asking for a variance to
conform to the use that is permitt-'d in this commercial
zone. Douglas said that they intend to use the lots for
vehicle parking with appropriate screening, parking of boat
trai lers, and some marina equipment such as cradles that hold
boats.
Sandy Ramberg and Marcia Schoeneman, 3332 North Shore Dr.,
and Phyllis Sprague, 3342 North Shore Drive, were present for
this matter.
Mr. Douglas stated that they have met and worked with Ms.
Ramberg, Shoeneman, and Sprague to try and resolve some
problems.
Commission member McDonald had concerns regarding the number
of boats in the water and on land.
1
MINUTES OF TUB PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE
#953 CHASKA MARINA continued
Mr. Douglas stated that there is wet slip storage, dry slip
storage, and winter storage which the Marina Conunittee and
City Council deals with when issuing the Marina license each
year, and this issue has nothing to do with the land use
application before the conunission.
Mr. Douglas indicated that they wish to continue the mixed
commercial and residential use of the 3350 North Shore Dr.
parcel to serve as the on-site residence for a permanent 24
hour security person for the Marina.
The issue of hardcover was raised and Mr. Douglas indicated
disagreement from staff's contention that gravel is
hardcover. However, Mr. Douglas stated that if gravel is
considered hardcover, they will conform by leaving the area
dirt.
Mrs. Sprague stated that at the present time they are not
parking within the setbacks.
Mrs. Ramberg stated that as time passes there are more
problems with the enfringment of their rights, and they are
against the granting of any variance.
Mr. Douglas stated that in order to comply with the setbacks
they agreed to put up the physical barrier of the staked fence
and that although he feels the Marina has the primary
responsibility, the residents have a secondary responsi
bility to try and work these problems out.
McDonald voiced her opinion that the area could not handle
the added use.
Chairman Callahan felt that there is no problem granting the
area variance to 3340 North Shore Dr., but felt uncomfortable
granting the mixed use variance to the other property.
Callahan stated that he feels both houses should be removed
before the parcels be used commercially.
It was moved by Rovegno, seconded by Callahan, to recommend
an area variance for the two subject lots; recommend a use
variance for 3340 North Shore Dr. until it is torn down in one
year (or until a specific date such as September 1, 1986);
recommend a temporary variance for the mixed uses for 3350
North Shore Dr. for residential use for one year thereafter
being used only for a paid security person; and that no
setback or landscaping variances be granted; and that such
lots be limited to use for parking and storage by Chaska
Marina. Motion, Ayes (5), Nays (1). McDonald voted nay
because of the uses involved and felt that issues such as
dockage and hardcover should have been considered.
APPROVAL OF MINUTES
JULY 15, 1985
It was moved by Sime, seconded by Goetten, to approve the
Minutes of the July 15, 1985 Planning Commission meeting as
submitted. Motion, Ayes (6), Nays (0).
MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 12
REPRESENTATIVE FOR
COUNCIL MEETING
Planning Commission member Sime was selected as the
representative to attend the September 9, 1985 Council
meeting.
ADJOURNMENT 12:30 PM