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HomeMy WebLinkAbout09-17-1984 Planning Minutes‘4 n \ I PUNNING COMMISSION MEETING MONDAY, SEPTEMBER 17, 1984 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS Council Representative - John Hammerel Scheduled Public Hearings 1. 7:30 p.ni. #859 Dennis Kumlin, 2665 Fox Street Subdivision 2. 7:45 p.m. #860 Funk/Rogosheske, 540 Old Crystal Bay Read South, Subdivision Action Iteais 3.*806 4.#811 5.-#846 6.#856 7.#857 8.#858 9.#861 10.*862 11.#864 12.#865 Preliminary Subdivision Variance & Lot Subdivision Conditional Use Permit - Edward Beck, 1280 North Arm Drive Conditional Use Permit - Public Hearing Jerry Nelson, 2565 Dunwoody Avenue Variance - Public Hearing Variance •• Public Hearing Steven Pauly, 3980 Dahl Road Variance - Public Hearing William Bowman, 10 Willow Drive South Variance - Public Hearing Variance - Public Hearing Conditional Use Permit - Public Hearing Sketch Plan Review 13. #867 Trinity Association, 1003 Wildhurst Trail Subdivision Additional Items 14. Planning Commission approval of August 20, 1984 minutes. 15. Planning Commission to select representative to attend October 15, 1984 Council Meeting. Adjournnent nr^ MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 1 ATTENDANCE 7 : 30 PM #859 DENNIS KUMLIN 2665 POX STREET SUBDIVISION PUBLIC HEARING 7:30 - 7:34 PM The Orono Planning Commi ssion met on the above date with the following members present; Acting Chairman Callahan, Kelley, Adams, Sime and McDonald. Chairperson Goetten and Rovegno were absent. Zoning Administrator Mabusth, Assistant Zoning AdminiS” trator Gaffron, and Recorder Sutton represented the City staff. Council Representative Hammerel arrived at 7:40. Dennis Kumlin was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the public. Zoning Administrator Mabusth stated that additional septic testing will be needed before the application can go to the Council meeting. Mabusth stated that this is a subdivision for the creation of one new residential lot which will have a shared driveway. Kelley asked if the dry buildablo was excluding the easements. Zoning Administrator Mabusth stated that the line could be redrawn to acquire additional dry buildable if needed after the easement is taken. Sime moved, Adams seconded, to approve the two lot plat of Dennis Kumlin finding that all standards of the RR- IB zoning district and platting code have been fulfilled subject to the following conditions; 1. Applicant to provide required septic test data for lot 1. 2. Payment of park fee of $200 for newly created lot 1. 3. Access for Lots 1 and 2 will oe shared located at the existing curb cuts. 4. Owners to provide appropriate access easements when design of plat is finalized. 5. Dry bui Idable area to be confirmed after easements have been taken. Motion, Ayes (5), Nays (0). J MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 2 4860 PUNK/ROGESHESKE 540 OLD CRYSTAL BAY RD SO SUBDIVISION PUBLIC HEARING 7:45 - 8:20 PM George Funk and Judy Rogesheske were present. Zoning administrator Mabusth noted the certificate of mailing and the affidavit of publication. Planning Commission member Kelley stepped down from his Planning Commission seat because of a conflict of interest. The following neighbors were present for this public hearing: Pat and Lon Doherty of 2790 White Oak Circle Mary & James Marier of 2775 White Oak Circle Zoning Administrator Mabusth noted that access to the newly created lot would bo via the private road White Oak Circle. Mabusth stated that White Oak Circle is still owned by the developer. Chuck Van Eeckhout. James Marier of 2775 White Oak Circle presented a position paper to the Planning Commission noting his concerns. Marier concerns were about drainage, parking of contractor's vehicles, stress upon White Oak Circle drive due to heavy construction equipment traffic, and the possible extension of White Oak Circle. Marier asked that this new road be built to the same standards that White Oak Circle was subjected to when it was built. Marier stated that all contractors' vehicles should be parked off of White Oak Circle and onto the proposed subdivision site. Marier stated that the heavy traffic may damage White Oak Circle and that the developer should be willing to pay for any damages. Marier stated that the easement purchase agreement between Van Eeckhout and Funk/Rogosheske provides for a purchase price of $6,000 for an access and utilities easement. Marier asked that this money be put in escrow unt i 1 the houses are completed so the road can be repaired if there is any damage from the heavy construction traffic. Marier also suggested that construction traffic be limited to access off Old Crystal Bay Road. Chairman Cal lahan stated that the easement states that the agreement between Van Eeckhout and appi i cants does provide that upon agreement for the easement the buyers will assume their prorated chare in the maintenance of White Oak Circle. Callahan stated that the agreement further states that a portion of the purchase price shall be used for maintenance for White Oak Drive at the time of purchase. Rogosheske stated that White Oak Circle would not be used when the regular road restrictions go into effect. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 3 i860 PUNK/ROGBSHESKE Fat Doherty of 2790 White Oak Circle stated that right now Van Eeckhout and the neighbors are thinking of forming a homeowners association for the maintenance of the road. Kelley stated that the wetlands on Lot 2 have not been designated on the plat. Zoning Administrator Mabusth advised that there are no designated wetlands within Lot 2. Mabusth stated that there is a drainageway that will be designated as drainage easements on the plat. Chairman Callahan closed the public hearing at 8:20 p.m. Adams moved, Sime seconded, to recommend approval of the plat. White Oaks Overlook finding all the standards of the Orono platting code, RR-IB zoning district and on-site septic code have been satisfied, approved is subject to the following conditions: 1. Drainageway must be designated as 20* wide drainage easements—dry areas of Lots 2 and 3 must be exclusive of drainage areas. 2. Applicants to provide information to City as how future owners of Lots 2, 3 and 4 will participate in the share of the maintenance of White Oak Circle. 3. Payment of park fee of $600. 4. Dedication of 33' of right of way for Old Crystal Bay Road. Motion, Ayes (4), Nays (0), (1) abstention. Kelley abstained because of a conflict of interest. 1806 WILLOW PROPERTIES 2600 WAYZATA BLVD PRELIMINARY SUBDIVISION There was no one present to represent Willow Properties. Zoning Administrator Mabusth stated that this division will create the 2-acre lot for the Hennepin County library. Mabusth noted the written response from Yngve. Mabusth noted that the entrance to the library would align with the Middle School's driveway. Kelley moved, McDonald seconded, to approve the three lot division of Willow Properties finding all standards of the RR-lB zoning district, septic code, and platting code have been satisfied and approval is subject to the following conditions: 1. Dedication of right-of-way for Highway 12, Old Crystal Bay Road and Willow Drive. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 4 1806 WILLOW PROPERTIES «811 JOHN ERICSON 1620 SHAOYWOOD ROAD VARIANCE 6 SUBDIVISION 2. City to require underlying road and utility easements over Outlot A. 3.Payment of park fee tor Lot 1 at $200. Park fees for Lot 2 and Outlot B are not waived but postponed for future development. 4.Plat road to be constructed per City specifications up to library's private drive. 5.Wetlands within Lot 2 and Outlot B to be designated in future plattings. There are no designated wetlands within Lot 1. Motion, Ayes (5), Nays (0). John Ericson was present. Bruce Goldstein, attorney, was also present. Zoning Administrator Mabusth stated that this application is a request to divide a legally combined properties in a half-acre zoning district. Mabusth stated that both lots do noc meet the area standards. Mabusth stated that Lot 3 (required is a half-acre) the existing area is 19,500 with a variance of 10 percent. Mabusth stated that Lot 4 is 16,200 sf or a 26 percent area variance. Mabusth stated the lot widths on Lot 3 (100 percent requirement) 35 percent variance, and Lot 4 lot width variance is 40 percent. Mabusth stated that also a side setback variance for Lot 4 is 3* from the shared lot line and the zoning district requires 10'. Bruce Goldstein, Ericson's attorney, stated that by granting the variance would in no way be in conflict with the existing neighborhood. Goldstein submitted a petition from adjacent neighbors stating that they are not in opposition of the variance. Goldstein stated that the variance has gone through a public hearing and no opposition was raised at that time either. Goldstein stated that since this is lakeshore property it should be considered separately. Goldstein stated that the MN Supreme Court has spoken to matters regarding lakeshore property. Goldstein stated that in the case of Gerwin vs LeSeur County the court stated that lakeshore property is supposed to be given special treatment because of the uniqueness of the property. McDonald stated that by granting variances with new subdivisions it would set a negative precedence. McDonald stated that 16 new parcels of land in that neighborhood could be subdivided if this application was approved. Goldstein stated that the hardcover requirements would be met. I I MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 5 #811 JOHN ERICSON J ir Kelley moved, Sime seconded, to recommend denial of the variance and subdivision request made by John Bricson based on the following findings: 1.To approve lot area and lot width variances concurrent with a subdivision would establish a negative precedent. 2.The applicant has received tax benefits from the legal combination of Lots 3 and 4 over the years. 3.The total property has been used as one single residential unit based on location of the garage, access drive, and sewer line that serves existing house. 4.Between Coffee and Hendrickson bridges along North Shore Drive and Shadywood Road fronting on Crystal Bay, 16 properties that are legally combined on two or more lots could seek the same division with varianc»j if this application is approved, resulting in 16 new residences on Crystal Bay. 5.A very preliminary review of the ownership patterns of the I.R-lC district above Navarre area shows 16 percent or 43 properties offer the potential of divisions if this application is approved. 6.The property in question has been used as a residential unit receiving tax benefits for a minimum of 30 years. The undeveloped Lot 3 is taxes on an incremental basis, not as a buildable lot. 7. The granting of such variances would change the character of the immediate surrounding neighbor­ hood . 8 Approval of this variance and subdivision application would be in conflict with the intent of the Zoning Code and Comprehensive Plan of the City. Motion, Ayes (5), Nays (0). 1 --^ MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 6 1846 LEERLEY'S INC 2500 SIXTH AVENUE NORTH 1868 LEERLEY'S INC. 2450 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT Bob Leekley was present. Zoning Administrator Mabusth stated that the City Engineer would have to review the drainage plans submitted on September 17, 1984. Mabusth stated that one of the ponds is a designated wetlands but would still function as a retention basin after the alteration. I.eekley explained that the drainage was changed by the property owners to the east changing the grade. Leekley stated that he wants to create a wildlife/duck pond and that the wetlands would still function as a retention wetlands. Sime suggested using a swale instead pipe because the pipe can become clogged. Leekley stated that the pipe design was designed by Hennepin County and they suggested that this was the best design. McDonald asked the proposed depth of the pond. Leekley stated approximately 5' in depth. Leekley stated that this proposal will not change the natural nutrient filtering system of the wetlands but correct the drainage problem on the property. Leekley stated that it is a pond that will keep the top water from getting too high. Leekley stated that his basement had a foot and a half of water in it and that this proposal would help the drainage problem on the property. Kelley stated that he would be in favor of not touching the designated wetlands on Lot 2 but restoring the level of water to where it was before the property owner to the east changed the elevation. Kelley stated that a swale instead of a pipe for Lot 3. Adams moved, Sime seconded, to recommend approval of the variance and conditional use permit for Bob Leekley to allow the construction of a new pond on Lot 3, dredging of existing pond on Lot 2, with a drain tile between the two ponds, based on the following findings: 1.The excavation for the pond will have no detrimental effect on the surrounding property. 2.The improvement will enhance the aesthetic value of the property. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 7 «846 LEEKLEY'S INC 2500 SIXTH AVENUE NORTH 1868 LEEKLEY'S INC. 2450 SIXTH AVENUE NORTH 1856 EDWARD BECK 1280 NORTH ARM DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:25 - 9:29 PM 3. This excavation will not impede the natural drainage of the area. Approval is subject to the following: 1. 2. Apply for a MCWD permit. Construction of a pond must follow guidelines setforth in the recommendations of Hennepin Conservation District as follows: a) 4:1 slopes at the uppermost portion of the pond. b) the bond depth not to exceed 5'. c) maximum surface area of the pond not to exceed 8,000 sf. 3. Approval subject to City Engineer review. 4. Provide City with amended conservation easement over wetlands. Motion, Ayes (4), Nays (1). Kelley voted nay Edward Beck was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience. Assistant Zoning Administrator Gaffron noted that Planning Commission member Rovegno, who could not be present, asked to have the Planning Commission consider a 6 or 1 2 month reviewal period to control the temporary use. Edward Beck stated that the temporary use would be for about 4-5 years. Adams stated that the City should never allow this unit to be rented out. Kelley moved, Adams seconded, to approve the conditional use permit to allow a temporary guest house use at 1280 North Arm Drive subject to the Iollowino: 1.Use of guest house apartment be limited to family members only. 2.That this conditional use permit cannot be conveyed to the purchaser of the property. I 1 ?,I" i . ! 1 M I I MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 8 1856 BOMARD BECK 1857 JERRY NELSON 2565 DUNWOODY AVENUE VARIANCE PUBLIC HEARING 9:34 - 9:35 PM 1858 ROBERT HOWELLS 1448 PARK DRIVE VARIANCE PUBLIC HEARING 9:40 - 9:42 PM 3. The second dweiling unit shall never be rented out. 4. Application to be reviewed again in four years. Motion, Ayes (5), Nays (0). Jerry Nelson was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience. Si me moved, Kelley seconded, to recommend approval of Jerry Nelson's variance for construction of a deck at 25f>5 Dunwoody Avenue based on the following findings: 1. All setbacks are being met. 2.Overall hardcover on the entire property is 8,884 sf where 10,740 sf would be allowed at the maximum development. 3. Sini lar ci edit was given in the Pluhm application. Motion, Ayes (5), Nays (0). Mr. and Mrs. Robert Howells wore present. Assistant Zoning Administrator Gaffron noted the certi f icate of mailing and the affidavit of publication. There was no one present from the audience for this application. Assistant Zoning Administrator Gaffron stated that the applicants are requesting to build a nr’-/ home on the triangular piece of property. Gaffron a'-ated that over the years easements have been taken leaving the property substandard. Robert Howell stated that he would like to keep the existing cabin for storage purposes. Howell stated that there are mature maple trees that they want to save too. y MINUTES OP THE PIANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 9 #858 ROBERT HONELLS #861 STEVEN PAULY 3980 DAHL ROAD VARIANCE PUBLIC HEARING 9:55 - 9:56 PM I.;V'.ins moved, Sime seconded, to recommend approval of the lot area and 25' road setback variance to build a new home on 1448 Park Drive subject to the following: 1. No access off County Road 19. 2. Quit claim deed over travelled roadway and shoulder to be confirmed with City Engineer and Public Works Coordinator. 3. Easements over portions of municipal sewer not in dedicated right-of-way. 4. Payment of $225.00 sewer plant charge. Existing cabin is a non-conforming structure and subject to all pertinent ordinances. Waive park fee in recognition of the land area that was lost due to road right-of-way. Motion, Ayes (3), Nays (2). Ke! Icy and Callahan voted nay. Kelley and Callahan tclt that the non- conforming cabin should be removed. McDonald noted that the cabin is used for storage and that it is structurally sound. c; 6. Steven Pauly was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. McDonald noted the hardship as the steepness of the land. Kelley noted that there is an increase in hardcover. Adams moved, Sime seconded, to recommend approval of the variance to Steven Pauly at 3980 Dahl Road for the construction of decks to the existing house within the 75* setback line of the lakeshore allowing a 3 percent increase in the 0-75* setback zone, finding severe slopes on the land and the original house and foundation are situated within the 0-75 ' setback zone. Motion, Ayes (4), Nays (1). Kelley voted nay. Kelley felt that the slope in the 0- 75' setback zone is not a sufficient hardship. Kelley stated that the hardcover is too high on the property already in the 0-75' setback zone. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 10 #862 WILLIAM BOWMAN 10 WILLOW DRIVE SOUTH VARIANCE PUBLIC HEARING 10:06 - 10:15 PM #864 RICHARD KAIL 2915 CASCO POINT ROAD VARIANCE PUBLIC HEARING 10:16 - 10:44 PM William and Anne Bowman were present. Anne McCourt was also present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Assistant Zoning Administrator Gaffron noted that the applicant requests a variance to build a detached garage. Anne Bowman noted that they want to save the mature trc's that are on the property and that the proposed location of the detached garage is the most feasible location. Bowman stated that they would have trouble getting into the garage if it was located anywhere else. Kelley moved, McDonald secoi.d: , to recommend approval of the variance (a variance for construction of detached garage outside of the building envelope— front line setback) for a detached garage finding that this is a corner lot, the property has mature trees, and the owner would have difficulty getting into garage if garage was located anywhere else. Motion, Ayes (5), Nays (0). Richard and Carol Kail were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Wayne and Doris Maxwell of 2917 Casco Point Road and J.K. Bowers of 2905 Casco Point Road were present from the audience for this application. Richard Kail submitted a sketch showing two possible locations for a detached garage, both of which would require lot line setback variances. Jim Bowers of 2905 Casco Point Road presented a letter noting his objection to the variance. Bowers objected to the variance because the garage would block the sun and would inhibit airflow from his bedroom window. Bowers noted that the noise and odors from the garage would bo too close to his bedroom windows. Bowers noted that a garage could be built meeting the required setbacks. NINUTBS OF THB PLANNlllG COMMISSION MEETING HELD SEPTEMBER 17, 1984* PAGE 11 1864 RICHARD KAIL 1865 DAREL LEIFOLD 678 TONKAWA ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 10:45 - 11:05 PM Richard Kail stated that i f he moves the garage to meet the setbacks it would affect the Maxwells on the other side. Kail stated that he wants to move the garage so he won't have to back out onto Casco Point Road anymore. Kail stated that his daughter was almost hit there by a car because of the traffic problem on Casco Point. Kail stated that he is also concerned with the drainage off this garage and which way it should be directed. Callahan stated that if the garage can be placed on the site without a variance, then the Planning Commission cannot grant a variance because the applicant is able to meet the setbacks. Kelley stated that he would be in favor of the application if the applicant left the garage the same size as the existing garage. Kelley stated that way there would be no increase in hardcover. Assistant Zoning Administrator Gaffron noted that with either plan there would be an increase in hardcover in the 75-250' setback zone, to approximately 26-28 percent. McDonald moved, Kelley seconded, to table the Kail variance application to allow the property owner and staff time look into the drainage, safety factors, and for applicant to meet required setbacks. Motion, Ayes (5), Nays (0). Kelley stated that he could approve the same size as existing garage but in a different location. Sime stated that the size of proposed garage is ok an any increase in hardcover is compensated for the safety factor. Adams stated that the elimination of the safety problem is worth the hardcover tradeoff and proposed garage size is ok. Adams stated that he would not be for the side setback variance. Darel and LaVerna Leipold wore present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Wayne Keller of 680 Tonkawa Road was present for this application. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 12 #865 DAREL LEIPOLD #867 TRINITY ASSOCIATES 1003 WILDHURST TRAIL SUBDIVISION SKETCH PLAN REVIEW APPROVAL OP MINUTES Wayne Keller of 680 Tonkawa Road stated that he objects to the keeping of chickens on Leipold's property and reminded the Planning Commission that this is a residential area and not a farm. Keller stated that the chickens are an eyesore and make too much noise and odor. Keller stated that his bedroom is about 100' from the chicken shack. Keller stated that in the winter time the chicken shack is more visable. Keller stated that he is trying to sell his house and that the chickens he' e become a negative selling factor. Sime stated that when he inspected the site that he could smell no odor or hear any noise from the chickens but since there is a complaint from the neighbor that he wouldn't be able to approve the application. Adams stated that he was in favor of this application unti 1 he heard the complaint from the neighbor. Adams stated that he didn't notice any smell or noise from the chickens either. Sime moved, Kelley seconded, to recommend denial of the conditional use permit for Leipolds for the keeping of chickens based on the complaint from the neighbor. Motion, Ayes (5), Nays (0). John Regan and Scott Rosenlund represented Trinity Associates. Assistant Zoning Administrator Gaffron stated that the west half of the property is outside the MUSA line. Gaffron noted the problems with changing that MUSA lino with the Met Counci 1. Gaffron noted there are wetlands on the property. Kel ley stated that there may not be nearly as much dry buildable after the wetlands have been subtracted. Kelley stated thut the MUSA line would be too hard to try and change. Kelly stated that he doesn't feel that anytning can be done about the zoning. Kelley asked if the sewer had the capacity for additional units. Assistant Zoning Administrator Gaffron noted the likelyhood that no more than one or two riparian access lots would be allowed, and that some upgrading of Wildhurst Trail might be necessary if the proposal was approved. No action was required. Sime moved, Kelley seconded, to approve the Planning Commission minutes of August 20, 1984. Motion, Ayes (5), Nays (0). L-. MINOTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1984. PAGE 13 REPRESENTATIVE TO ATTEND COUNCIL MEETING Kelley volunteered to attend the Council meeting of October 15, 1984. ADJOURNMENT 11:23 PM Sime moved, McDonald seconded, to adjourn the regular Planning Commission meeting at 11:23 p.m. Motion, Ayes (5), Nays (0).