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HomeMy WebLinkAbout08-20-1984 Planning MinutesJs s PIANNING COMMISSION MEETING MONDAY, AUGUST 20, 1984 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS Council Representative - Tim Adams Scheduled Public Hearings 1. 7:30 p.m. #849 I.D. Caples, Vacation of a portion of Park Avenue 2. 7:45 p.m #853 Doug Klint, Tom Bernier and Gary Barr, 3535 & 3545 Ivy Place and 3034 Casco Point Road Prelimiiiury Subdivision Action Items 3.#845 Alan McDowell, 905 Ferndale Road West Conditional Use Permit - Public Hearing 4.#846 Leekley's Inc., 2450 & 2500 Sixth Avenue North Conditional Use Permit - Public Hearing 5.#847 Catharine Cram, 3760 Watertown Road Conditional Use Permit - Public Hearing 6.#848 Lowell Zitzloff, 3542 Shoreline Drive Variance - Public Hearing 7.#850 Dennis Thompson, 250 Old Crystal Bay Road Conditional Use Permit & Variance - Public Hearing 8.#851 Richard Stueland and Ramona Barbeau, 4080 Variance - Public Hearing Bayside 9.#852 William Gregory, 1410 Shoreline Drive Conditional Use Permit - Public Hearing 10.#854 Robert Johnson, 1981 Eagerness Point Road Conditional Use Permit - Public Hearing 4 Sketch Plan Review 11. #855 Choice Wood Company, 2500 Kelly Avenue Subdivision - Sketch Plan Review Additional Items 12. Planniig Commission approval of July 16, 1984 minutes. 13. Planning Commission to select representative to attend the September 10, 1984, Council meeting. Adjournment t MINUTES OP THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 1 ATTENDANCE 7:30 PM The Planning Commission met on the above date with the following members present: Chairperson Goetten, Callahan, McDonald, Kelley, Adams, Sime and Rovegno. Council Representative Adams arrived at 7:33 p.m. Zoning Administrator Gaffron, Recorder Sutton, and Zoning Administrator Mabusth arrived at 7:40 p.m. to represented the City staff. 1649 I.D. CA’^LES VACATION OP A PORTION PARK AVENUE PUBLIC HEARING 7:30 - 7:33 PM «853 DOUGLAS KLINT TOM BERNIER k GARY BARR 3535 ft 3545 IVY PLACE 6 3034 CASCO POINT ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:45 - 7:53 PM I.D. Caples and attorney, Ann Schulz, were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Rovegno moved, Kel ley seconded, to approve the partial vacation of Park Avenue subject to the Public Works Coordinator and City Engineer to review this appl i cation and appl icant showing all hardcover on the survey. Motion, Ayes (7), Nays (0). Doug Klint and Tom and Bea Bernier were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Klint stated that one lot line would be moved 50* and another lot line would be moved 100'. Rovegno stated that the Planning Commission should see where the lot lines are going to be before they approve the application. Adams moved, Kelley seconded, to '.able the Klint application pending receipt of an updated survey. Motion, Ayes (7), Nays (0). ! 1 •M NllitlfBS OP THE PIAMNIMG COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 2 #845 ALAN MCDOWELL 905 PBRMDALE ROAD WEST CONDITIONAL USE PERMIT PUBLIC HEARING 7:53-7:54 PM John Cook represented Alan McDowell. Assistant Zoning Administrator Gaffron noted the certificate of mailing and affidavit of publication. Gaffron noted that the dry buildable has been calculated to approximately 2.95 acres and in this zoning district he needs 4 acres to have 2 residential units on the property. Rovegno stated th' oart of the lot is divided by a road and should be cc_»ined with the other lot. John Cook noted that the previous owner did have a caretaker's apartment in the basement before and that the proposed guest apartment is being moved above the garage. Kelley moved, Sime seconded, to approve the conditional use permit for Alan McDowell based on the following findings: 1. A caretaker apartment was existing in the basement of the household. 2. Hardship in that the two portions of lot are separated by a road. 3. The lot is sewered and there is a lot of wetlands on this property, hence some credit is in order. 4. Most of the surrounding lots are substandard. 5. The caretaker apartment is consistent with the surrounding neighborhood. Motion, Ayes (5), Nays (2). Minority Opinion - Goetten stated that she was not in favor of the application because of the severe limitations of the lot, it is on lakeshore, and he needs 4 acres. Goetten stated that this could be setting a precedence. Minority Opinion - Callahan stated that the lot is separated by the road. Callahan stated that this lot is all along the lakeshore. wa rw-*> ^ m ■»»%» ■ MINUTES OP THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 3 #846 LEEKLEY'S INC. 2450 6 2500 SIXTH AVE NO CONDITIONAL USE PERMIT PUBLIC HEARING 9:30-9:31 PM §847 CATHARINE CRAM 3760 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC BEARING 7:35 - 7:40 PM 1848 LOWELL ZITZLOFP 3542 SHORELINE DRIVE VARIANCE PUBLIC HEARING 8:10 - 8:30 PM Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mr. Leekley was not present. McDonald moved, Sime seconded, to table the conditional use permit until Mr. Leekley could be present. Motion, Ayes (7), Nays (0). Assistant Zoning Administrator Gaffron noted tne certificate of mailing and the affidavit of publication. Catharine Cram arrived after the Planning Commission had acted on her application. Rovegno moved, Kelley seconded, to approve the conditional use permit based on the finding that there is adequate area and width on the property to support an additional residential unit in the RR-IA zoning district, subject to the following conditions; 1. Guest apartment unit may never be rented out. 2. Existing septic system must be inspected and approved by staff for this additional unit. Motion, Ayes (7), Nays (0). Lowell Zitzloff was present. Bruce Schmitt, applicant's architect, was also present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. William Dolder of 3513 Lyric Avenue, Dick Lee of 3525 Lyric Avenue were present from the audience for this application. Rovegno asked staff how much hardcover this building would be limited to. Zoning Administrator Mabusth stated that you don't limit businesses in a commercial zoning district to a certain percentage of hardcover. Mabusth stated that instead the City requires retention ponds to allow for runoff. Mabusth stated that this is a preliminary plan and that the commercial site plan review would be done after the variance is approved. I MINUTES OP THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 4 f848 LOWELL ZITZLOPP Dick Lee of 3525 Lyric Avenue stated that he has no problem with the proposed building and that the new building would be better for the neighborhood. William Dolder of 3513 Lyric Avenue stated that he is also in favor of the application. Adams moved, Rovegno seconded , to approve the variance to the rear setback based on the following findings: 1. Applicant's hardship is the extreme slope on the property. 2.Proposed building is a more efficient use of the building due to the earth sheltering effect. 3.Proposed plan wi 11 eliminate trash and debris that is now collecting on the property behind the building. 4. Locating the building towards the rear lot line will improve present access, parking and traffic off Shoreline Drive. 5. Neighbors all approve of the proposal and will enhance the neighborhood. 6. Proposal will improve drainage on the property. 7. Proposal will give the neighbors better views. Motion: Ayes (7), Nays (0). #850 DENNIS THOMPSON 250 OLD CRYSTAL BAY ROAD VARIANCE PUBLIC HEARING 8:31 - 8:40 PM Dennis Thompson was present. H.G. Steckel was also present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mabusth stated that a conditional use permit will not be required and that she would refund the $100. Mabusth stated that a variance was required because of the quasi-commercial like use of the property. Chairperson Gootten stated that performance standards should be set up for future applications. Sime stated that he did check with some of the neighbors and that they all were in favor of the propose 1, Kelley asked if there would be extra lighting and noise created by this application. 5 J MINUTES OP THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 5 1850 DENNIS THOMPSON «851 STUELAND ft BARBEAU 4080 BAYSIDE ROAD VARIANCE PUBLIC HEARING 7:40 - 7:41 PM #852 WILLIAM GREGORY 1410 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 8:45 - 8:46 PM Thompson stated that no extra lighting would be needed for this proposal. Kelley moved, Sime seconded, to approve the variance for Dennis Thompson based on the following findings: 1.The applicant's principal residence will be located on the subject property. 2.The application as proposed requires no additional variances to the performance standards for the keeping of domestic animals. 3.The proposed level of use will be compatible with the surrounding two acre residential zone. 4. The use as proposed presents no more intense a use of the propoerty than a hobby farm use. Motion, Ayes (7), Nays (0). Richard Stueland and Ramona Barbeau was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Gaffron noted that staff would prefer that the garage be located 10' from the principal structure to meet fire safety requirements. Kelley moved, McDonald seconded, to approve the variance for Stueland and Barbeau subject to the applicant moving the garage back to meet th*,* 10' setback from the main structure. Motion, Ayes (7), Nays (0). Mrs. william Gregory was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mrs. Gregory stated that there is a smashed culvert on the east side of County Road 15. Gregory stated that the DNR encouraged them to do this. Gregory stated that the wetlands doesn' t support cattails and is vile right now. Zoning Administrator Mabusth stated that she has been getting conflicting viewpoints from different agencies concerning dredging in a designated wetlands. 1 MINUTES OP THE PLANNING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 6 *852 WILLIAM GREGORY t McDonald stated that once the City approved the alteration of one designated wetland that it world be hard to deny another applicant. Rovegno asked if this wetlands drains into Lake Minnetonka. Rovegno stated that if the alteration of this wetlands harms the natural flow into Lake Minnetonka that he wouldn't be able to approve the application. A Planning Commission poll was taken on this application. Adams stated that he was opposed to the dredging of either of the ponds since the property is so close to the lake. Adams stated that it is a beautiful wetlands and acts as a natural filtration before it gets to Lake Minnetonka. Adams stated that if the applicant wants an open water wildlife pond that they should dig is a different place other than a designated wetlands. Kelley stated that he too is opposed to the dredging of the pond until he gets some more information from the different reviewing agencies. Kelley stated that if some positive performance standards could be noted that he may change his mind. McDonald stated that she is opposed to the dredging of the designated wetlands. Callahan stated that he too is opposed to the dredging of the wetlands. Chairperson Goetten stated that she is opposed to the changing of any designated wetlands. Goetten noted that she is willing to listen to other suggestions from any experts in the field. Rovegno stated that if the applicant could come to the Planning Commission with some good scientific data as to why this designated wetlands would be better off dredged, then he would be in favor of the application. Rovegno stated that until he sees some more information on the dredging of wetlands that he can't make a decision. Sime stated that his main concern is that this wetlands flows into Lake Minnetonka. Sime stated that anything that would interfere with the natural infiltration into Lake Minnetonka he would not be in favor of. Sime stated that he is open for suggestions from experts in the field of dredging designated wet lands. MINUTES OP THE PLANNING COMMISSION MEETING HELD AUGUST 20» 1984. PAGE 7 1852 WILLIAM GREGORY Mrs. Gregory that her only problem with tabling the applicatic.i is that they want to put in a swimming pool and would like to use the fill from this pool to fill in wetlands. Kelley asked staff to check into whether one of the wetlands has already been altered. Kelley noted that it looked like it had already been disturbed. Zoning Administrator Mabusth stated that staff will ask lor confirmation of the contours. Kell*;y moved, Adams seconded, to table the conditional usr permit pending receipt of additional information on the dredging of designated wetlands and for staff to check into whether the wetland has been disturbed as of this date. Motion, Ayes (7), Nays (0). McDonald noted that the spoils should be kept further than 50' from the edge of the wetlands because it is closer to Lake Minnetonka if this wetlands was al Icved to be dredged. Mabusth asked Planning Commission to act separately on the retaining wall. Rovegno moved, Adams seconded, to approve the retaining wall subject to the following conditions: 1. Hay bales remain along the bottom of the disturbed bank until completion of the wall. 2. Applicant to submit construction—design infor­ mation for Engineer review to assure the wall will retain the banks. a) Footage b) Cross Profile 3. Payment to the City for variance application of $100. Motion, Ayes (7), Nays (0). «854 ROBERT JOHNSON 1981 EAGERNESS POINT RD CONDITIONAL USE PERMIT PUBLIC HEARING 9:20 - 9:21 PM Robert Johnson was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Gaffron noted that this was an after-the-fact application. Chairperson Goetten stated that a hardcover calculation should be done. t-—V—c> w^’-m. - r ! '■ 4 MIHUTBS OP THE PLAHHING COMMISSION MEETING HELD AUGUST 20, 1984. PAGE 8 #854 ROBERT JOHNSON 1855 CHOICE WOOD COMPANY 2500 KELLY AVENUE SUBDIVISION SKETCH PLAN REVIEW Robert Johnson stated that he had instructed the contractor to get the permit and that he had assumed that the contractor had obtained the permit from the City. Johnson stated that the rip rapping was done last year. Johnson stated that only the planters have been added this year. Sime stated that it is already there and it does look nice. Kelley stated that the Planning Commission needs a good hardcover calculation. McDonald moved, Kelley seconded, to table the Johnson application pending receipt of a survey showing all hardcover on the property. Motion, Ayes (7), Nays (0). Adams stated that on the steep slope there are *je living stumps. Adams stated that the applicant should have to replace the trees with an equal size. Adams stated that the rip rapping that was done actually extended his shoreline out into the lake. Adams stated that there is a severe hardcover problem. Adams stated that the stairs only should be allowed and that the planters should be reviewed by a soils engineer. Adams stated that the applicant should have to make a trade off in hardcover. Adams stated that the applicant should be fined. Dale Mulfinger and Mary Rollwagen represented the Choice Wood Company. Mulfinger stated that this is a PRD with 9 units. Mulfinger stated that he doesn't like to think of it as 9 units but as 4 duplex units and one single family residential house because it will be 5 buildings instead of 9. Mulfinger stated that this PRD is designed to minimize environmental impact on the land. Mulfinger stated that those are tuck under garages. Mulfinger stated that there is one single family home. Mulfinger stated that there would be a homeowners association to help with the maintenance. Chairperson Goetten asked what the square footage of each building would be. Mulfinger stated approximately 1,500 sf. Rovegno asked if this was a PRD with both wetlands and density credits. Rovegno stated that he felt there are too many dwelling units on this property. MINUTES OF TUB PLANNING COMMISSION MEETING HELD AUGUST 20, 1984 PAGE 9 1855 CHOICE HOOD CO. APPROVAL OP MINUTES Zoning Administrator Mabusth stated that they can get 4 single units with wetland credit or 2 duplex (4 units) with only duplex credits. Mabusth stated that using both the density credit and wetlands credit that applicant can get 8 units (4 duplex). Mabusth stated that the Planning Commission has to decide whether they want both the credits to apply or just one. A Planning Commission poll was ta)cen to determine if this project would qualify for both wetland and duplex density credits. Adams stated that he li)ces the 9 unit plan as it is. Adams stated that it is next to a commercial zone and that it fits in the area very nice. Adams stated that the trees screen the property from the road and la)ce. Adams stated that in Orono there are places in the community where high density should be accepted by the City. Callahan stated that 8 units is ok but not 9 units. Rovegno stated that it is too dense as planned with the 9 units. Rovegno stated that with using both the credits they could only get 4 units without applying for variances. Roveguo stated that he has a hard time approving lots that are substandard. McDonald stated that this plan is too dense for this property. McDonald stated that 4 units would be better. Kelley stated that they should only get either the density credit or wetlands credit, but not both credits. Sime stated that both credits should apply and 8 units would be fine. Sime stated that with this type of development and the saving of the trees is good and should be encouraged. Chairperson Goetten stated that she doesn't want to discourage this type of development. Goetten stated that she may be in favor of 8 units depending on the hardcover calculations. No action required. Callahan moved, Sime seconded, to 'ipprove the minutes of July 16, 1984. Motion, Ayes (7), Nays (0). PLANNING COMMISSION REPRESENTATIVE TO ATTEND COUNCIL MEETING Kelley volunteered to attend the Council meeting of September 10, 1984. ADJOURNMENT 10 : 30 PM Rovegno moved, Kelley seconded, to ad journ the Planning Commission meeting at 10:30 p.m. Motion, Ayes (7), Navs (0).