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HomeMy WebLinkAbout11-18-1985 Planning Minutesp PLANNING COMMISSION MEETING MONDAY, NOVEMBER 18, 1985 7:30 P.M. 1275 BRGMN ROAD SOOTH - OODNCIL CHAMBERS (*)Asterisk items are considered to be routine items to be enacted upon by one motion by the Planning Commission under the Consent Item* on the agenda. Discussion will be held upon request. COUNCIL REPRESENTATIVE - James Grabek ATTENDANCE 1. CONSENT AGENDA* ACTION ITEMS 2. #929 Lyle Rahn, 1146 Wildhurst Trail - Conditional Use Permit Third Review 3. #983 Walter H. Pemberton, 3580 North Shore Drive - Variance Second Review 4. #987 Robert J. Bauman, 1040 Tonkawa Road - Variance - Public Hearing 5. #988 James E. Mertes, 3237 Casco Circle - Variance - Public Hearing 6. #989 Hennepin County Department of Transporation, Hendrickson Access - Conditional Use Permit - Public Hearing 7. #990 Ward Ferrell, 3411-3415 Watertown Road - Variance - Public Hearing 8. #991 William Ulrich, 1535 Bohn's Point Road - Conditional Use Permit Public Hearing 9. #992 City of Orono, County Road 15 at Spates Avenue - Conditional Use Permit - Public Hearing POSTPONED until December 16, 1985 10. #993 Tonka Transmission, 1960 Shoreline Drive - Conditional Use Permit - Public Hearing 11. #994 Frank Kokesh, 4100 Watertown Road - Conditional Use Permit Public Hearing 12. Zoning Amendment - Refer To Planning Commission Minutes For Amendments of Last Meeting ADDITIONAL ITEMS *13. Planning Commission approval of October 21, 1985 minutes. 14. Planning Commission to select a representative to attend the December 9, 1985 Council Meeting. ADJOURNMENT MINUTES OP THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 1 ATTENDANCE 7:32 PM The Orono Planning Commission met on the above date with the following members present: Chairman Callahan, Rovegno, Goetten, Kelley, McDonald, and Taylor. Sime was absent. The following represented the City staff; Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. CONSENT AGENDA* It was moved by McDonald, seconded by Goetten, to approve the Consent Agenda* as submitted. Motion, Ayes 6, Nays 0. 1929 LYLE RAHN 1146 HILDHURST TRAIL CONDITIONAL USE PERMIT THIRD REVIEW Chairman Callahan explained the request for a conditional use permit for guest cabin usage subject to the hardcover being made as conforming as is feasible and applicant addressing the drainage problems both of which have been submitted in Exhibits B & C. Lyle Rahn was present for this matter and stated he had no objections to staff's recommendations. It was moved by Rovegno, seconded by McDonald, to recommend approval of the conditional use permit subject to staff's recommendations. Motion, Ayes 6, Nays 0. #983 WALTER H. PEMBERTON 3580 NORTH SHORE DRIVE VARIANCE - SECOND REVIEW Chairman Callahan explained the request to build a new house and noted the four optional site plans submitted in order to reduce the degree of variances needed. Walter & Marilyn Pemberton were present for this matter. Marilyn Pemberton stated that they had the existing structure inspection which was found to be totally out of code with a bad foundation making it unuseable. She noted that the main problem was the need for 22' to back a normal car out the garage. Assistant Zoning Administrator Gaffron reviewed the four optional site plans with the commission. Lou and Marilyn Fegers, 3590 Shoreline Drive, were present and stated that their concerns were the possibility of grading being done between the two houses and that the proposed house will stay in line with theirs. They stated they had no objections to a new residence being constructed which would improve the area. Marilyn Pemberton stated that the shape and style of the proposed house conforms aesthetically with the lot size. i Swiii MINUTES OP THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 2 #983 PEMBERTON continued Commission members questioned the possibility of the house being centered on the lot to meet the 10' side setback. Marilyn Pemberton stated the house could be centered but the garage could not be because of the necessary 22' needed to back out. Walter Pemberton stated that the other adjacent neighbor, Don Lamont of 3570 North Shore Drive, was unable to be present but had no objections to a house being built. iti McDonald felt that the plans were too ambitious for the size of the lot and that the existing structure should be used. She noted that the only variances she would be willing to recommend would be lot and width area variances. Taylor, Kelley, and Goetten, felt that the request to build a new residence was appropriate. Taylor agreed with the intent to minimize the hardcover by centering the house. Kelley proposed a combination of the optional site plans submitted as follows: 5' variance for the garage 20% hardcover variance in 0-75' 27% hardcover variance in 75-250' removal of deck if necessary to center house fill and grading - to be reviewed with staff lot area and lot width variances It was moved by Kelley, seconded by McDonald, to table the matter until the December 16th meeting for conceptual approval upon the submission of one site plan based on Kelley's previous proposal. Motion, Ayes 6, Nays 0. #987 ROBERT J. BAUMAN 1040 TONKAWA ROAD VARIANCE PUBLIC HEARING 8:19-8:52 i. Chairman Callahan explained the request for average setback and hardcover variances to construct an enclosed pool. Chairman Callahan read into the record a letter from Jurgen Stielow of 1020 Tonkawa Road opposing to an average setback variance being granted. The letter also noted an "assortment of unattractive" vehicles in sight on the property. Mr. & Mrs. Bob Bauman were present for this matter. Mr. Bauman, referring to the unattractive vehicles, stated that after the garage is finished being constructed, which should have been done two months ago, the vehicles will be stored inside the garage. ft \ ! 2 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 3 lOuse ick. but ed to ibor, isent size jsed. ng to lild a er by plans Le the •ptual ed on jtback )Ol . Jurgen “tback id an •n the r. Mr. ■d that should stored #987 BAUMAN continued Mr. Bauman stated that he felt that the proposed plan conforms with the average setback based on all the area properties. Assistant Zoning Administrator Gaf fron pointed out that the average setback is determined by the two adjacent properties only and, as shown in Exhibit E, does not conform with the average setback. Gertrude Noelting, 1060 Tonkawa Road, was present and stated the proposed pool would be "ugly” from an outside view and felt it would diminish the value of her property. She stated that there is space to place the pool in another area. Marge Gasch, 1030 Tonkawa Road, was present and stated the pool would encroach upon their sight line and would effect their property value. She invited the Planning Commission to visit her home to view the sight problem. Taylor stated an aesthetic landscape plan should be submitted. Chaxrman Callahan stated that elevation plan should also be submitted. Commission discussed various options for placement of deck and pool building. The Commission generally felt that the hardcover trade-off variance would not be a problem. There were no other persons present to speak on this matter and the public hearing was closed. It was moved by Chairman Callahan, seconded by Goetten, to table this matter pending landscape, site, pool building, and elevation plans. Motion, Ayes 6, Nays 0. #988 JAMBS E. MERTES 3237 CASCO CIRCLE VARIANCE PUBLIC HEARING 8:52 - 9:15 Jim and Ruthmary Mertes were present for this matter. Chairman Callahan explained the request for renewal of a lot width and lot area variance, which was previosly granted to owner, Douglas Smith, in February 1984 per Resolution #1607. Doug Smith was present for this matter and stated that the applicant's, Mr. & Mrs. James Mertes, bought this property contingent upon renewal of these variances. Jane & Jack Remien, 3235 Casco Circle, were present for this matter. Jane Remien stated that they were unhappy about this because the lot is too small, as is their lot. _t Hi C SB 3 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 4 i plan Q area lat the erties .th the stated ,ew and stated rea. :ed the effect lission aid be also be Df deck ide-off matter ten, to tiding. ter. of a lot nted to i #1607. hat the roperty for this y about t. #988 MERTBS continued Tom Corson, 3241 Casco Circle, was present and stated that the lot in question was not consistent with the other lots in the area. He also stated that the existing garage on the lot should be removed whether the variance is granted or not. Mr. Corson felt that the original variance should not have been granted being this lot is only 54' in width. Jim Mertes stated that they felt they would not have a problem meeting the setbacks and hardcover requirements. Goetten stated that the entire Casco Point area is a high intense residential area. She noted that the lot size was consistent with the area although it would be one of the smallest lots. Tom Corson stated that they would be making a crowded situation even more crowded. He questioned the initial intent of the ordinance requiring a 100' lot width. Chairman Callahan stated that the lot was intended to provide a residence and the hardship is that there is no other adjacent property available. There were no more comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by Goetten, to recommend renewal of the lot width and lot area variances noting that the Issues (1-7 ) and Findings (1-19 ), prepared by staff, were found to be suf ficient. Motion, Ayes 5, Nays 1. Kelley voted nay stating it would be overbuilt for lot size. #989 HENNEPIN COUNTY DEPT. OF TRANSPORTATION HENDRICKSON ACCESS CONDITIONAL USE PERMIT PUBLIC HEARING 11:40 -11:50 Hennepin County proposes dredging approximately a 20'xl26 wide corridor, removing 4.5' of lake botton c long the edge of the Hendrickson boat ramp, and constructing a 126' long seawall along the sides of the inplace boat ramp. There were no persons present regarding this matter at this time. Planning Commission table this matter until the December 16th meeting. #990 WARD FERRELL 3411-3415 WATERTOWN ROAD VARIANCE PUBLIC HEARING 9:29 - 9:37 Applicant requests lot area/lot width variances to construct homes on two substandard vacant commonly-owned lots adjacent to the exisiting residence at 3405 Watertown Road. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 5 1 that bs in B lot . Mr. been )blem high B was : the >wded Ltial 3vide Dther lablic nmend that were voted xl26* ige of long this ember itruct lacent #990 FERRELL continued Chairman Callahan noted that the application was incomplete absent a survey of property containing the existing house and septic site information necessary for assurance of an alternate septic site if needed. Mr. & Mrs. Ward Ferrell were present for this matter. Mr. Ferrell stated that there should be no problem with an auxilliary system being the lot is 3/4 acre, therefore not necessary. Mr. Ferrell felt that a survey of the property with existing house was also not necessary. Chairman Callahan stated that this information was necessary and ‘vas requested from him last May and they would not act until this information was provided. Mr. Ferrell stated he had a survey dated 1958 and would submit it. Assistant Zoning Administrator Gaffron stated he would look at the survey and determine if it v;ould be adequate. There were no persons present regarding this matter at this time. It was moved by Chairman Callahan, seconded by Kelley, to table this request pending a complete application. Motion, Ayes 6, Nays 0. Chairman Callahan advised applicant that they would give him their general opinions regarding his request although submission of the survey and septic site inf ormation may make a difference. Goetten stated she was personnally opposed to three lots. Kelley, referring to his statement in the Planning Commission minutes dated 4/15/85, felt that Lots 7 & 8 should be combined into one lot to allow the existing home and one other lot. Taylor and McDonald agreed with Kelley's opinion. Rovegno and Callahan felt that two lots with dwellings would probably be reasonable with the proper septic site testing, three lots would be setting precedent. #991 WILLIAM ULRICH 1535 BOHN'S POINT ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:40-10:37 Chairman Callahan explained the after-the-fact application for a conditional use permit and variance to do grading and filling within 75' of lakeshore. MINUTBS OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 6 •lete B and f an ssary t act ibmit rould jate. this f, to :ion, . e him lOugh make Lots. nning l^ould d one would ting. ation ig and #991 ULRICH continued Assistant Zoning Administrator Gaffron explained the background construction to date and further proposed grading plans. He noted that the City Engineer has reviewed the current revision of a series of plans within the 0-75' , which has been minimal, and finds no problem with it and has determined that applicant has done an adequate job of protecting the lakeshore. William Ulrich was present for this matter, as was his project representative, John L. Noble, John Noble stated that they are stock piliryg eoil until the amount of backfill needed is determined. There was some discrepency between applicant and staff regarding attainment of required permits for the work already done. Virginia Sweatt, 3225 Bohn's Point Lane, was present stating that the construction was destroying the character of the neighborhood and was concerned by the size and height of the home being built. Lisa Dayton, 1655 Bohn ' s Point Road, stated that the Planning Commission should really analyze the situation and she felt that a commercial venture is being done in a residential area. Kathy Sweatt, 3225 Bohn's Point Lane, stated that there is a problem with dump trucks excessively speeding. She also noted the removal of several mature trees from the site. Margene Fox, 1645 Bohn' s Point Road, stated that the road is a mess and breaking up badly due to this construction and suggested that applicant be responsible for repairing and maintaining the road on a weekly basis. She also noted that this construction has created unsafe conditions for children on the road. Ginny Wagener, 1420 Bohn's Point Road, stated that for the past two years they have endured dirt and dust mess from this project along with the seemingly constant seven day per week construction. There were no other comments from the public at this time. Due to the obvious problems involved, it was moved by Chairman Callahan, seconded by McDonald, to recommend a stop work order being placed upon this project until all issues have been resolved between applicant and staff. Motion, Ayes 6, Nays 0. S 6 the aiding J the i^hich i has ►b of his 1 the staff work ating f the >f the nning * felt ntial e IS a also site. d is a n and g and 3 that Idren >r the n this r week time. ed by a stop ssues >tion# MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 7 1992 CITY OF ORONO CTY. ROAD 15 AT SPATES AVE. CONDITIONAL USE PERMIT PUBLIC HEARING This Public Hearing was continued until the December 16, 1985 Planning Commission meeting. #993 TONKA TRANSMISSION 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 10:37 - 11:07 Being an affected adjacent property owner, George Rovegno stepped down from the Planning Commission for this matter. Chairman Callahan explained the request for a conditional use permit required to amend the original permit (approved May 9, 1983) based upon the following proposed changes: 1) increase parking stalls from 10 to 18 stalls 2) eliminate dispensing of gasoline Craig Olson was present for this matter and stated he proposes a transmission and general automotive repair shop as the principal use. He noted that it is hard to operate with a 10 car parking limit. McDonald brought up her concern regarding the "swamp in the street." Rovegno stated that the problem involved the city pumping silt etc. into the catch basin into the lake from the sewer project. Dan Crear, 1980 Spates Ave., was present for this matter and expxained to McDonald and Planning Commission the background of this drainage problem which has an impact on his property also. Dan Crear, being the adjacent resident behind the transmission shop, stated that he has had problems with that property and noted that it is currently a mess. He stated that he is opposed to the request because it would intensify the mess. He also noted his concerns with the possible rusting of the gas tanks affecting his well water. Craig Olson stated he would like to permanently fill the gas tanks with rock or sand in addition to other improvements to the property. Zoning Administrator Mabusth stated that filling the tanks with sand is not acceptable anymore, they must be removed. Planning Commission reviewed the proposed parking plan. George Rovegno stated that his concern was the change and intensification of the use. L. 3B 7 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 8 i, 1985 ovegno atter. tional proved ted he lT shop perate in the lumping ; sewer ter and :ground operty id the th that stated :ensify >ssible the gas ents to e tanks amoved. plan. r.ge and #993 TONKA TRANSMi:;SION continued Dan Crear stated that approval of the request would create a visible change of use because the clientele from a transmission shop differs from a gas station. He noted that he would like the property cleaned up. There were no other persons present regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Callahan, to recommend denial of request f 993 Tonka Transmission to amend the permit dated May 9, 1983, maintaining only 10 parking stalls, and in addition requiring the removal of gas tanks not in use. Motion, Ayes 4, Nays 1. McDonald voted nay stating that the city should review alternatives to removing the gas tanks. 1^994 PRANK KOKESH 4100 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 11:07-11:40 Chairman Callahan explained the request for a conditional use permit to permit the continued use of applicants' 35 acre site for the boarding of horses, rental of horses and instruction in horse back riding; and a variance to permit applicants' to continue with the keeping of domestic animals for commercial purposes. Attorney Lou Oberhauser was representing the applicants. present for this matter. Mr. & Mrs. Earl Dorn, 4045 Watertown Road, were present for this matter. Mr. Dorn voiced his irritation at the applicants' refusal to appear at these meetings. He stated that the applicants' have committed a misdemeanor offense. He noted that his main purpose of attending was that he wanted the city to apply their ordinances fairly. He also advised the Commission that he has requested a copy of Scott County's public stable ordinance. Ms. Plank, 4145 Watertown Road, was present and stated she was concerned about applicants' plans for the additional property recently acquired by applicant, and what the conditional use permit included. Mr. Oberhauser stated that the applicants have no plans to expand the operation and that their request for a conditional permit is to permit the existing level of use. Mr. Dorn stated that applicants' commercial operation has created 100% more tri.iJfic. Kelley felt that riding lessons should be limited to family members only. 8 MIMUTBS OP THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 9 ate a Dm a that r and nmend irmit nd in use . t the > nks, Lonal acre i and armit Lmals bter, t for the bated ense. anted vised nty * s d she ional : the ns to ional n has #994 PRANK KOKESH continued Oberhauser stated that applicants' would need some employees to train and work the horses in addition to stable persons, although the actual number of employees needed was unknown to him. Planning Commission felt that the number of employees should be limited to a maximum of ten people. There were no more comments from the public and the public hearing was closed. It was ^oved by Goetten, seconded by McDonald, to recommend approval of the conditional use permit subject to staff's recommendations and conditions, amending the following conditions; 1. Applicant to apply for a Home Occupation License for tack sales. 2. Any changes or additions in use or intensification of approved uses should be reviewed with the City so that staff can determine if a new permit is required. Conditional Use Permit to be reviewed yearly. 4. Number of outside personnel be limitec'. to ten. Motion, Ayes 6, Nays 0. ZONING AMENDMENT Planning Commission tabled this matter itntil the December 16, 1985 meeting. APPROVAL OF MINUTES* It was moved by McDonald, seconded by Goetten, to approve the Minutes of the October 21, 1985 Planning Commission meeting as submitted. Motion, Ayes 6, Nays 0. COUNCIL MEETING REPRESENTATIVE Paul Taylor was appointed to represent the Planning Commission at the December 9, 1985 Council meeting. ADJOUR]T 11:55 PM It was moved by McDonald, seconded by Goetten, to adjourn the Planning Commission meeting at 11:55 PM. Motion, Ayes 6, Nays 0. amily