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HomeMy WebLinkAbout12-16-1985 Planning Minutes1-. , |r kf. ?:v PLANNING COMMISSION MEETING MONDAY, DECEMBER 16, 1985 7:00 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - John Hammerel ATTENDANCE SCHEDULED PUBLIC HEARINGS 1. 7:00-7:45 P.M. Zoning Amemdment 2. 7:45 P.M. #997 Eugene Rosenthal, 640 Tonkawa Road Preliminary Subdivision 3. 8:00 P.M. #998 Maureen S. Bellows, 265 South Brown Road Preliipinary Subdivision ACTION ITEMS 4. #967 & #968 John B. Idstrom, 2580 Fox Street - Preliminary Subdivision and Conditional Use Permit - Continuation of Public Hearing 5. #979 Donald C. Wildman, 280 Wakefield Road - After-the-Fact Variance - Continuation of Public Hearing 6. #983 Walter H. Pemberton, 3580 North Shore Drive - Variance - Third Review 7. #987 R.J. Bauman, 1040 Tonkawa Road - Variance - Second Review 8. #989 Hennepin County Department of Transportation, Hendrickson Access - Conditional Use Permit - Continuation of Public Hearing 9. #992 City of Orono - County Road 15 at Spates Avenue - Conditional Use Permit - Continuation of Public Hearing 10.#995 Joe Durda/Joan Anthony, 3135-3115 North Shore Drive - Conditional Use Permit - Public Hearing 11. #996 James McNaughton, 1800 Shadywood Road - Variance - Public Hearin 12. #999 Evan R. Meline, 3598 North Shore Drive - Variance - Public Heari 13. #1000 Wm Wear, 2160 Wayzata Boulevard - Variance - Public Hearing 14. #1001 Charles Garrity, 2701 Kelly Avenue - Variance - Public Hearing 15. #1002 Mrs. F.C. Lyman, 825 South Old Crystal Bay Road - Conditional Use Permit - Public Hearing ADDITIONAL ITEMS 16. Resolution of 1986 Calender 17. Planning Commission approval of November 18, 1985 minutes. 18. Planning Commission to select a representative to attend the January 13, 1986 Council Meeting. ADJOURNMENT MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 1 ATTENDANCE 7:15 PM The Orono Planning Conunission met on the above date with the following members present: Chairman Callahan, Goetten, McDonald and Kelley. The following members arrived at 7:25 PM: Sime and Taylor. Rovegno was absent. The following represented the City staff: City Administrator Bernhardson, Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron and City Recorder Naab. ZONING AMENDMENT PUBLIC HEARING - 7:17 PM Zoning Administrator Mabusth noted the affidavit of publica­ tion and the certificate of mailing. S10.03, Subdivision 9 (D) It was moved by Chairman Callahan, seconded by Kelley, to with approval of §10.03, Subdivision 9 (D) to allow staff to amend so as to address the problem of the lakeshore lots that are split by a road. Motion, Ayes 4, Nays 0. S10.03, Subdivision 18 (A) It was moved by Kelley, seconded by Sime, to review §10.03, Subdivision 18 (A) & (B). Staff to review ordinance and advise Planning Commission as to the need for this section. Motion, Ayes 4, Nays 0. §10.03, Subdivision 21 It was moved by Chairman Callahan, seconded by Sime, to amend this section to read as follows: ”. . . serving such a building. Any movement of 100 cubic yards or more shall be referred by the Building Inspector to the Planning Commission and Council for action in accordance with this Chapter." Sime suggested that this section be re-drafted so that staff has more discretion so as not to have to direct everything to Planning Commission and Council and eliminate costly delays. It was moved by Chairman Callahan, seconded by Goetten, to amend to read as follows: "Any unusual earth filling, removal or grading proposed by a builder shall be referred by the Building Inspector to the Planning Commission and Council for action in accordance with this Chapter. NsiClfll mQV!gments_..Q.f_l.Q.Q._cubi.q_Ya.£ds _Qx:.,more_s.hQHld—be—gQns.ldei;s<3 unu.sufll.^" Motion, Ayes 6, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 2 #997 EUGENE G. ROSENTHAL 640 TONKAWA ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:45-7:48 PM Zoning Administrator Mabusth noted publication and certificate of mailing. the affidavit of Gene and Nancy Rosenthal were present. There was no one present from the public for the hearing. Goetten asked the applicants if there is a riparian access. Zoning Administrator Mabusth stated that this is a non­ riparian lot. Also, the County will receive an addition 7' of right-of-way, totaling 80', because of the sharp curve. It was moved by Kelley, seconded by Goetten, to recommend approval of the preliminary 2 lot subdivision for Eugene Rosenthal based on the following conditions: 1. Dedication of additional 7 feet of right-of-way for County Road 135 - approving a total right-of-way of 80 feet along curved section of roadway. 2. Access to new lot must follow guidelines of Hennepin County Highway Department - 75 feet to 90 feet west of shared lot line. 3. Access permit must be obtained from Hennepin County Highway Department prior to application for building permit. 4. . The newly created lot has no riparian rights. Motion, Ayes 6, Nays 0. #998 MAUREEN S. BELLOWS 265 SOUTH BROWN ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 8:03-8:08 PM Assistant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. Mr. Bellows was present. There was no one present from the public for the hearing. Assistant Zoning Administrator Gaffron noted that he had received a letter from an adjacent property supporting the project which Chairman Callahan read (Exhibit A). Kelley stated that he does not care for the meandering lot lines. « MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 3 #998 MAUREEN S. BELLOWS Assistant Zoning Administrator Gaffron noted the reason for the meandering lot lines was to fit the septic system and alternate system into the lots. It was moved by Kelley, seconded by McDonald, to recommend approval for the preliminary subdivision of Maureen S. Bellows finding that the proposed subdivision meets all septic standards set forth in the Orono On-Site Code and meets the standards of the RR-IB zoning district, and that each lot is of a size and configuration that will allow the construction of a single family residence without the need of setback variances, such approval is subject to the following conditions : 1. Dedication of the standard drainage and utility easements along all property lines. 2. Wetlands to be described on the plat as drainage easements and dedicated to the public - a conservation and flowage easement shall be required over, under, and across the wetlands. 3. Proposed home and all accessory structures on Lot 1 must meet all setback standards of the RR-IB zoning distict. 4. Applicant must obtain access permits from Hennepin County prior to relocation of the driveway. This is to be a shared driveway, serving both lots. 5. Dedication on the plat of a 33' corridor for right- of-way for Brown Road. 6. Park Dedication Fee of $200 for the 4.98 acre newly created lot. Motion, Ayes 6, Nays 0. #967 & #968 JOHN B. IDSTROM 2580 FOX STREET PRELIMINARY SUBDIVISION & CONDITIONAL USE PERMIT CONTINUATION OP PUBLIC HEARING No one was present for this application. It was moved by Chairman Callahan, this application. Motion, Ayes 6, Nays 0. seconded by Sime to table P Ii MIMDTBS OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 4 #979 DONALD C. WILDMAN 280 WAKEFIELD ROAD APTER-THE-PACT SIDE SETBACK VARIANCE CONTINUATION OP PUBLIC HEARING 11:16 - 11:20 PM No one present for this application. It was moved by Sime, seconded by McDonald, to recommend approval of the after-the-fact setback variance application of Donald C. Wildman based on the following findings: 1. Most affected neighbor has not appeared in opposition to the location of tennis court. 2. Suitable area for septic expansion has been located on property. Approval is subject to the condition that applicant obtain after-the-fact "penalty" permit for tennis court at $237.25. Motion, Ayes 6, Nays 0. #983 WALTER & MARILYN PEMBERTON 3580 NORTH SHORE DRIVE VARIANCES THIRD REVIEW Assistant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. Walter and Marilyn Pemberton were present. Lou and Marilyn Fegers of 3590 North Shore Drive were present from the public. Kelley stated his concern for approving this application when the proposed house does not meet the City and State Building Code. Assistant Zoning Administrator Gaffron noted the reason this type of house does not meet code, per Building Inspector Tom Jacob's memo, it that it cannot be inspected because it is panelized construction and wall sections are already con­ structed before they arrive on the site. Mr. Pemberton explained that this type of house comes as a shell. The electrical, plumbing etc. is not included, thus it can be inspected because everything is not enclosed. It was moved by Kelley, seconded by Sime, to recommend approval for Walter and Marilyn Pemberton for the following variances: j ^- -- - - - -^ hardcover variance of 20% in the 0-75' zone, hardcover variance of 27% in 75-250' zone, and an average street set­ back for the deck only of 1' based on the restrictive lot size and subject to the following conditions: side yard setback for garage only B 4 nend tion in ated MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 5 #983 WALTER H. PEMBERTON 1. To limit the fill in the 0-75' zone to only that necessary to accomodate the garage and driveway back-up apron. 2. The proposed house must meet all specifications of the Building Inspector of the City of Orono. If the house changes in proportion, the applicant must come back for review by the Planning Commission and Council. 3. Applicant must inform the City of the date of which the fill will be delivered to the lot. 4. Front deck must remain as an open deck - it cannot be enclosed. 5. Staff to secure proper erosion control. Mr. Pemberton questioned if no fill is required, because of the push back of the garage, will staff still have to monitor. .t of ilyn the when ding this r Tom Lt is con- as a thus imend owing f 5’, rover set- s lot Kelley stated that yes, the City still should be notified at that point. Motion, Ayes 4, Nays 2. Chairman Callahan opposed the motion because the lot is too small for the proposed house and garage, and the variances could be eliminated if the applicant were to build only on the existing foundation. McDonald also opposed the motion based on the same findings as Chairman Callahan and also the City should maintain a mix of housing, all income levels and family sizes. #987 ROBERT J. BAUMAN 1040 TONKAWA ROAD VARIANCE SECOND REVIEW Robert and Joan Bauman were present. Bob Gasch of 2960 Fox Street and Marge Gasch of 1030 Tonkawa Road were also present from the public. Assistant Zoning Administrator Gaffron presented the Commission with a letter submitted by the Marge Gasch which Chairman Callahan read (Exhibit B). Kelley clarified that there is no need for a hardcover variance because of the trade-offs done for a previous appli­ cation and the only variance needed is for average lakeshore setback. B 5 lich mot 5 at mgs mix Fox sent the hich 3ver pli- hore MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 6 #987 ROBERT J. BAUMAN Marge Gasch stated that when a variance is granted the Commission must find a hardship. She can find no hardship for building an indoor swimming pool. Mr. Bauman explained the pool addition was designed this way because of the existing slope of the land. Their hardship is that they have 4 small children who all love the water, and cannot swim in the lake during the winter. The lake at the end of the dock area is much too deep for children of this age. The reason for putting the pool on that side of the house is that it will be used for entertainment and the lower level is designed for that purpose. If the pool was located on the other side of the house, you would have to enter the pool area by going outdoors. The other solution would be access through the garages which contain power tools, etc. Just because no one else has a pool in the area, does that mean one cannot have a pool? Some of the homes in the area have tennis courts, or gyms etc. Chairman Callahan noted, for the record, that Marge Gasch is correct in her comment regarding the other neighbors in opposition. The Noltings were present at the last meeting to express their opposition. Goetten asked the applicant why the variances were not requested when grade changes were applied for in August of 1985. If everything had been done together, the Commission may have a better understanding of what is going on with the property. Mr. Bauman noted that his family has lived there for just over a year. When they originally started the additions, staff was able to make trade-offs with hardcover, thus eliminating the need for extra variances. At that time the pool was a long range goal, after the first portion of the construction was done. Assistant Zoning Administrator Gaffron suggested at the time the garages were built, the applicants come in for a variance for the pool. It was moved by Taylor, seconded by Kelley, to recommend approval for Robert J. Bauman for a variance to the average lakeshore setback for the pool addition based on the following findings: 1. There is no other feasible location on the property for the pool addition. 2. The way :he pool is being designed does not substantually t.*ncroach on the neighboring properties. d B 6 the hip MINDTBS OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 7 #987 ROBERT J. BAUMAN 3. The applicant has shown that the hardcover can be removed so there is no net increase in the hardcover in the 75-250' setback zone. Condition of approval is based on having the necessary land­ scape plans available at the January 13th, 1986 meeting. Motion, Ayes 5, Nays 1. Goetten opposed the motion findings there is no hardship for the applicant, encroachment into the average lakeshore setback line causing sighting problems for the neighbors, and there may be more requested variances on this property for the future. 1989 HENNEPIN COUNTY DEPARTMENT OP TRANSPORTATION HENDRICKSON ACCESS CONDITIONAL USE PERMIT SECOND REVIEW CONTINUATION OF PUBLIC HEARING 11:10-11:16 PM Zoning Administrator Mabusth noted publication and certificate of mailing. the affidavit of No one was present for this application. Zoning Administrator Mabusth stated that Police Chief, Melvin Kilbo, has received no complaints on the lack of satalites, trash cans, and lighting. He would not suggest any additional cleats to be provided because this is not the function of the landing, > ily to provide access for boats to get in and out. mend rage the >erty not s. h McDonald felt thaL .'ov ^ the time to request lighting for boaters for the heaxw. safety and welfare of citizens. There presently is no l.i ^nting at this landing. Kelley opposed the lignting because it would only increase more traffic coming and going at all hours of the night. One of our main goals is to control intense use of the lake. Zoning Administrator Mabusth noted some of the major problems are not enough parking, traffic backed up on County Road 51, and no handicapped parking available (to be installed next year). It was moved by Kelley, seconded by Sime, to recommend approval of the conditional use permit application of the Hennepin County Department of Transportation for a proposed sea wall of approximately 126 feet in length along the shore­ line, adjacent to the Hendrickson boat ramp subject to the following conditions: R 7 and- of ease One lems 51, next mend the losed lore- the MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 8 #989 HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION 1. Pentachloropheno1 treated timbers to be used in construction. 2. Granular fill can only be used for backfill - dredged material to be moved from site. 3. A geotextile filter fabric to be used behind the metal seawall. Motion, Ayes 5, Nays 1. McDonald opposed the motion because she would like to request that at least one light be located at the ramp for the health, safety and welfare of all citizens. She added that there is new subdued lighting available from NSP. #992 CITY OF ORONO COUNTY ROAD 15 AND SPATES AVENUE CONDITIONAL USE PERMIT AND VARIANCE CONTINUATION OF PUBLIC HEARING 7:51-8:02 PM Zoning Administrator Mabusth noted the affidavit of publica­ tion and certificate of mailing. Chairman Callahan explained that this application involves the access next to Paul's Landing at the end of Spates Avenue. The City is seeking to make the access safer by filling and raising the grade to the County Road. Zoning Administrator Mabusth clarified that the proposed slope will be a slightly steeper slope than the existing, however, it will be more graduated with adequate stopping area at the top. Assistant Zoning Administrator Gaffron stated that the LP tanks located at Paul's Landing will be removed as soon as Paul's Landing has ceased to be in operation (December 1985). It was moved by Goetten, seconded by McDonald, to recommend approval of the City of Orono's application for a conditional use permit and variance to permit filling and grading within 75 feet of the lakeshore based on the following findings: 1. Improvem.ent will result in greater safety for users of lake access. 2. Improvement will facilitate access off lake. Conditions of approval: 1. Staff to work with marina operator to remove all obstacles deemed obstructions to sighting, specifically the LP tank. 2. City to use all necessary erosion control measures prior to and after improvement. 8 in L - MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 9 #995 JOE DDRDA/JOAN ANTHONY 3135-3115 NORTH SHORE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:15 - 9:42 PM Zoning Administrator Mabusth noted publication and certificate of mailing. the affidavit of the ca*^ »ers res Clifford Keep was present to represent the applicants. There was no one present from the public for the hearing. Mr. lii^ep explained the reason for this application is aethet'js, because the shoreline has eroded due to animal action, and need for dock structure within the lagoon for the boat. The wooden sea wall has deteriorated to the point of almost collapse. Dedging to be done will be about 2 1/2 feet to a depth of 4 feet (925.4 maximum allowed by DNR). 1550 cubic yards of fill will be removed from the site. Durda proposes to construct a dock in the lagoon and the LMCD has approved the permit for this dock (6x32'). Kelley asked how big the replacement trees will be. Sime noted that the trees which are being requested to be removed definitely are a hazard. 3" diameter trees should be an adequate replacement. It was moved by Taylor, seconded by Sime, to recommend approval for Joe Durda and Joan Anthony of a conditional use permit for repair of existing sea wall and the removal of four mature trees within the lakeshore based on the following findings; 1. The existing sea wall is deteriorating and creating potential navigable hazards and erosion problems. 2. The trees are in a hazardous condition and pose a threat of property damage. 3. DNR has 'Iready approved the permit for the dock in the lagoon e.ea. Conditions of approval are as follows: 1. Dredged material is to be remvoed from site in the manner of past practice. 2. Durda to plant three (3) 3" trees within lakeshore. 3. Applicant to obtain building permit for sea wall. 4. Applicant to obtain a building permit from the City for the permanent dock. 5. Erosion control while building sea wall under the supervision of the City staff. Motion, Ayes 6, Nays 0. r MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 10 #996 JAMES MCNAUGHTON 1800 SHADYNOOD ROAD VARIANCE PUBLIC HEARING 9:42-10:03 PM Assistant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. \ James and Carmen McNaughton were present for the application. There were no other members from the public present the hearing. Chairman Callahan clarified that this is the property that was recently divided by Johnstone/Barth. Goetten noted that this is the reason why she was opposed to the subdivision in the first place. Now the property needs a hardcover variance for the driveway. Sime noted that approval of the subdivision was based upon the condition that the developer install the driveway as proposed to the Planning Commission. Mr. McNaughton cited that the originally approved driveway was a "mono slab”, which has been proven not suited for this climate. The alternative is nothing which could erode very fast because of the terrain of the lot. Also, there should be some sort of turnaround provided so one does not have to back out onto County Road 19. It was explained by Assistant Zoning Administrator Gaffron that the builder had installed a gravel drive. When staff found this out, the builder was notified that this was not approved and would have to be removed or would require a variance. To date a Certificate of Occupancy has not been issued but since the McNaughtons are the current owners they would be the ones this would affect. McDonald noted that new owners should not be penalized because of mistakes made by previous owners and this should be addressed at a joint Planning Commission and Council meeting. It was moved by Kelley, seconded by McDonald, to recommend approval a hardcover variance for James McNaughton to pave driveway and backup apron subject to reducing the hardcover to 35% within the 75-250' zone. Motion, Ayes 5, Nays 1. Goetten opposed the motion based on her opposition to the original legal subdivision of the property. MINUTES OF THE PLANNING COMMISSION MEETING HELD DEC0IBER 16, 1985. PAGE 11 #999 EVAN R. MELINE 3598 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 10:03-10:34 PM Assistant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. Even Meline and his associate Bennett G. Belden were present for this application. Lou and Marilyn Fegers of 3590 North Shore Drive were present for the public hearing. Mr. Meline commented that the foundation is still remaining because they felt by capping the foundation through the winter it may not shift as much. Also, this should eliminate water running into the foundation in the spring. Mr. Fegers congratulated the applicants on their achievement of tearing down the old house. He had no opposition at this point to the proposed house. Mr. Meline continued to explain that property to the west is currently owned by the Hennepin County Department of Tran­ sportion. He has tried for months to acquire this property or a portion of it. This is still pending. At this point there is no plan for a garage, which may be considered if additional land is acquired. Currently, owner would have to back out onto County Road 51, but there is a shoulder which extends out so as not to back directly out into a lane of traffic. Kelley suggested that should additional land be acquired, perhaps the garage could be located on the Fegers side, thus both properties would have a backup and construct a 1/2 moon­ shaped drive at the end to eliminate backing onto County Road 51. It was moved by Chairman Callahan, seconded by Sime, to recommend to table application for a variance for Evan Meline until the February Planning Commission meeting until the applicant has the information he is waiting for. Motion, Ayes 6, Nays 0. #1000 WILLIAM WEAR 2160 WAYZATA BOULEVARD VARIANCE PUBLIC HEARING 10:34-10:40 PM Zoning Administrator Mabusth noted publication and certificate of mailing. the affidavit of William Wear was present for this application. There was no one present from the public for the hearing. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 12 #1000 WILLIAM WEAR It was moved by Sime, seconded by Goetten, to recommend approval of a variance for William Wear for a 78 s.f. of additional signage for the Orono Shopping Center based on the following findings: 1. The location, height and size of sign will not impair the safety and welfare of the public. 2. The current zoning standards are not compatible with demands of shopping center use. Approval is based on the following conditions: 1. All exterior signage is to be restricted to areas approved by City - building signage and 2 directory signs. 2. All other independent signs in front island or landscape zone are to be removed. Temporary sign permits are required for the use of protable signs on property. Such signs must be stored inside when not in legal use. 3. Applicant to provide update landscape plan for 1986 spring season. Motion, Ayes 6, Nays 0. #1001 CHARLES GARRITY 2701 KELLY AVENUE VARIANCES PUBLIC HEARING 10:40-11:03 PM Zoning Administrator Mabusth noted publication and certificate of mailing. the affidavit of Charles Garrity was present. William Dunkley of 2709 Walters Port was present for the public hearing. Zoning Administrator Mabusth explained the applicant needs an area variance, setback variance and hardcover variance. She noted that there is a gravel drive that enters off Kelly Avenue which is not shown on either survey, thus creating an existing excess of hardcover on the property. This gravel drive is already included in the calculations (38% proposed - 8% over). The blacktop coming in from Walters Port will be removed. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 13 #1001 CHARLES GARRITY Mr. Garrity established that there will be a 4 car garage. His family has currently 3 drivers and they have a boat, which they would prefer to store in the garage rather than on the property. The house has been placed in this position (thus requiring the side yard setback) because of mature trees which they are trying to save. Goetten concurred that the garage could be cut down to reduce the hardcover percentages. Kelley agreed with Goetten, stating that applicant can build whatever size house/garage he wants as long as he stays within the City's standards. Zoning Administrator Mabusth stated that would only force the applicant into moving the house further into the 75-250' zone, not forcing him to change the size of the house and forcing him closer to the lake. It was moved by Kelley, seconded by Taylor, to recommend approval for a lot area variance of 38%, a side/street set­ back variance of 25 feet or 71% and a hardcover variance of 8% within the 250-500' zone for Charles Garrity based on the following findings: 1. The property has ccntained a residence since 1902. 2. Sewer and water on the property is available and has been assessed and paid for. 3. Previous residence was located 15 feet from Walters Port Road. 4. To relocate house further west would require the loss of several mature trees. Approval is subject to the following conditions: 1. Applicant is hereby advised that a future Council may not approve setback or hardcover variances for this property in consideration of the total hardcover and location of house on property. 2. The applicant is put on notice that no additional hardcover be placed in the 75-250' zone. Motion, Ayes 5, Nays 1. Goetten opposed the motion feeling the garage could be cut down, thus reducing the need for variances. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 14 #1002 MRS. F.C. LYMAN 825 SOUTH OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 11:03-11:10 PM Assistant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. Fred C. Royle, builder, was present to represent the appli­ cant. No one was present from the public for the hearing. It was Goetten moved, seconded by Sime, to recommend approval of a conditional use permit for Mrs. F.C. Lyman to construct a guest house finding the proposal meets all the requirements of Section 10.20, Subdivision 3 (G) and subject to the standard requirement that the structure may not be rented out. Motion, Ayes 6, Nays 0. RESOLUTION OF 1986 CALANDER It was moved by Chairman Callahan, seconded by Goetten, to schedule the February Planning Commission meeting for February 18th, 1986. APPROVAL OF MINUTES It was moved by Chairman Callahan, seconded by Goetten, to approve the minutes of November 18, 1985 Planning Commission meeting as submitted. Motion, Ayes 6, Nays 0. COUNCIL MEETING REPRESENTATIVE Goetten volunteered to attend the January 13th, 1986 Council meeting to represent the Planning Commission. i AGE 14 EXHIBIT r\[l©finw7rg i OEcieses -■CiTToTonM) vit of 1995 Fox Ridge Road Long Lake, Minnesota 55356 ippli- .ng. proval struct ements :o the rented Orono Planning Commission 1335 S. Brown Road Crystal Bay, MN 55323 December 13, 1985 vr| en, to ig for en, to lission I reside at 1995 Fox Ridge Road and our property is across Brown Road from the Bellows residence at 265 Brown Road. I have seen the plans for the subdivision and am in agreement that it's a good idea. The current driveway to the Bellows property is at the crest of a hill on Brown Road and I'm especially in favor of moving the entrance to the subdivision further north. Council Sinpefely, Raymond/^. Hack EXHIBIT December 15# 1985 To I Orono Planning Commlsslc.i Promt Marjorie P. Gasoh REI Variance for 1040 Tonkawa Road We have lived In our home (I030 Tonkawa Road, Just north of the Bauman’s) for 30 years. We expect our home to be In the family for many years to come. We are concerned about the application for a variance at 1040 Tonkawa Road and Its effect on our property. While we have no objections to a pool on that property, we are opposed to the granting of a varl,ance for a pool structure beyond the site-line. Our opposition Is based on the followingi 1, variance Is granted because of a hardship. What Is the hardship In this application? 2. About six months ago the Baumans built a large addition on the west side of their home for a studio and additional garages. If an enclosed pool was Important to them, then that site should have been considered, 3, Pour of the adjacent neighbors are ooposed to the variance. To my knowledge, no neighbor has stated support of It. 4. There Is no other enclosed pool In this neighborhood. Thank you for your consideration of our concerns regarding this variance. ^acJu C\r%d /hv^ fiawyiuiK -