HomeMy WebLinkAbout07-16-1984 Planning MinutesI
PLANNING COMMISSION MEBTING
MONDAY, JULY 16, 1984 7:30 P.M.
1275 BROVfN ROAD SOOTH - COUNCIL CHAMBERS
Council Representative - James Grabek
Public Hearings
1. 7:30 p.m. 1839 Jeff Stebbins, 2195 Watertown Road
Subdivision
2« 7:45 p.m. #840 Ned Dayton, 2300 North Shore Drive
17 Unit PRD Subdivision
3. 8:00 p.m. #841 Craig Winters, 888 Plentywood Drive
9 Unit PRD Subdivision
Action Items
4. #783 l.D. Caples, 4798 North Shore Drive
Variance
5. #827 C.D. Williams, 1932 Fagerness Point Road
Variance
6. #842 Robert Zimmerman, 3415 Crystal Bay Road
Variance - Public Hearing
7. #843 Jeff Ulku, 1416 Baldur Park Road
Variance - Public Hearing
Information Items
8. Planning Commission approval of June 18, 1984 minutes.
9. Planning Commission to select representative to attend the
August 13, 1984, Council meeting.
Adjournment
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t MINUTES OP THE PLANNING COMMISSION MEETING OP JULY 16, 1984.PAGE 1
ATTENDANCE 7:30 P.M.
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1839 JSiKF STEBBINS
2195 WATERTOWN ROAD
SUBDIVISION
PUBLIC HEARING
7:30 - 7:50 P.M.
The Planning Conunission met on the above date with the
following members present: Chairperson Goetten,
Rovegno, Kelley, Callahan, and Sime. Planning
Commission members Adams and McDonald were absent.
Zoning Administrator Mabusth, Assistant Zoning
Administrator Gaffron, and Recorder Sutton repre
sented the City staff. Council Representative
Grabek arrived at 7:40 p.m.
Jeff and Cindy Stebbins were present. Julie Brauer of
16 Westwood Drive, Lynn Dunlap of 18 Westwood Drive,
Mr. Otto of 2185 Westwood Drive, Joe and Kathy Mimms of
25 Brown Road South were present from the audience for
this application.
Zoning Administrator Mabusth noted the certificate of
mailing and the affidavit of publication. Mabusth
stated that there is a wetlands, which the City will
ask to be designated as a drainage easement. Mabusth
stated that access would be via a platted corridor to
Watertown Road and that the most eastern lot would have
to have access via a private access easement. Mabusth
stated that there is nothing in the ordinance which
requires a minimum setback for a private driveway from
a lot line.
Joe Mimms of 25 Brown Road South asked why the
applicant wants to put in another house and ruin the
natural wildlife that is there now. Mimms stated that
the applicant should just leave the property as is.
Rovegno stated that the zoning in Long Lake is much
less than the Orono standards and Jeff Stebbins has met
all of the Orono zoning standards.
Chairperson Goetten closed the public hearing at 7:50.
Rovegno stated that the power pole and utility lift
station should be designated on the survey along with
the location of the driveway only if it encroaches this
property. Rovegno stated that the City should take
the necessary easements over the property.
Kelley stated that it should not be a requirement that
the applicant note the driveway on the survey.
Kelley moved to recommend approval of the two-lot plat
application of Jeff Stebbins based on the findings
that all standards of the RR-lB zoning district,
septic and other pertinent ordinances have been
satisfied subject to the following conditions:
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MINUTES OP THE PLANNING COMMISSION MEETING OF JULY 16< 1984. PAGE 2
4839 JEFF STEBBINS
#840 NED DAYTON
2300 NORTH SHORE DRIVE
17 UNIT PRD SUBDIVISION
PUBLIC HEARING
8:00 - 8:20 P.M.
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1. Designate pond as drainage easements on the plat.
City to require Flowage and Conservation Easement
over pond area.
2. All structures and roads must meet 26' setback
from pond.
3. Payment of Park Fee of $400.00
4. Confirmation of area requirements for Lot 2.
5.All septic lines to be insulated on Lot 2 if house
is placed on another section divided by driveway.
6. City to take utility easements if needed.
7. City to take drainage easement over platted area.
Sime seconded. Motion, Ayes (5), Nays (0).
Ned Dayton and John Bergh, Planner, were present.
Margaret and Fred Curtis of 2180 Prospect Avenue, Alex
and Dianne Jentilucci of 1295 Briar Street, Gary and
Linda Printup of 1261 Briar Street, Bill and Patty
Tenny of 2385 North Shore Drive, Lawrence Whalen of
2435 Scotch Pine Lane, Mr. and Mrs. Joseph Jester of
2515 North Shore Drive, and Charles Schoen of 2430
North Shore Drive were present from the audience.
Zoning Administrator Mabusth noted the certificate of
mailing and the affidavit of publication. Mabusth
stated that the applicant is asking for 17 residential
pads in a Planning Residential Development (PRD).
Mabusth stated that the reason for the clustering of
the houses is to preserve the natural amenities such as
the large, mature trees and the ponds on the property.
Mabusth noted that there would be a private loop road.
Ms. Jester of 2515 North Shore Drive asked why this
property isn't going to be sewered like their is.
Jester stated that the City came in and required sewer
in their area and this property should be sewered too.
Zoning Administrator Mabusth stated that this is a
defined rural area of the city and there are no plans to
put in sewer. Mabusth stated that each site has been
tested for septic systems and each pad has adequate
area to handle septic systems.
Chairperson Goetten closed the public hearing at 8:20
p.m •
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MIN0TB8 09 THE PLANIIIIIG COMMISSION MEETING OP JULY 16, 1984.PAGE 3
#840 NED DAYTON John Bergh stated that the drainageways on the
property would flow into the designated ponds. Bergh
stated that rip rapping would also be used.
Dianne Jentilucci of 1295 Briar Street stated that
there is a drainage tile that the City put in a long time
ago that runs across their property and the City won't
maintain it. Jentilucci stated that some of the
failing septic systems drain into this drainage tile.
Zoning Administrator Mabusth stated that this is a
private drainage way on private property and the City
does not maintain it. Mabusth stated that if the
neighbors ask the City to maintain this tile that the
City probably would assess the benefitting property
owners.
Assistant Zoning Administrator Gaffron stated that
there is one failing septic system in the neighborhood
and the problem will be solved soon. Gaffron noted
that on August 9, 1984 the City will hold a meeting for
the Crystal Bay residents concerning the septic and
sewer issue for the neighborhood.
Margaret Curtis of 2180 Prospect Avenue stated that
the drainage tile is a pipe that is big enough for
animals to get through. Curtis stated that the tile
has been a problem ever since the City put it in.
Curtis noted that the proposed tennis court is right
over the tile and if they start to dig the tile will
collapse.
Dianne Jentilucci of 1295 Briar Street stated that
there is danger if the tile collapses because the water
will backup into her yard. Jentilucci noted that the
spruce trees that were planted on this property last
yeai will grow to be 80-100' tall and if a storm comes
along then they will fall on her house.
John Bergh stated that the tennis court will be located
next to the gazebo rather than where it is shown on the
plan.
Callahan stated that he didn't feel that Hennepin
County needs an 80' right of way.
Rovegno did not feel the City should grant any right of
way to the County.
Zoning Administrator Mabusth stated that the City has
to be consistent on the dedication of right of way to
Hennepin County.
Sime felt that Hennepin County should not be given the
80' right of way.
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MISUSES OP THE PLAimiNG COMMISSION MEETING OP JULY 16, 1984.PAGE 4
«840 NED DAYTON Chairperson Goetten asked how the applicant would
control erosion during the construction.
John Bergh stated that hay bales would be used.
Assistant Zoning Administrator Gaffron stated ^hat
the developer should designate the well and septic
locations for each residential pad.
Rovegno moved to recommend approval of the 17 unit PRD
application of Ned Dayton finding all standards of the
PRD ordinance, applicable standards of the RR-IB
zoning district and septic ordinance have been upheld
subject to the following conditions:
1. Access to all 17 residence pads must be off plat
road.
2. The approved building envelope for each pad is as
follows:
3.
4.
5.
6.
7.
front/street or rear » 35'
side = 25'
Prior to scheduleing application for Council
approval, the developer must provide a total
development plan that shows the following:
A) House locations
B) Drainfield locations
C) Well locations
D) Driveway locations
All drainfield areas must be staked and protected
prior to any site grading or road construction.
Final resolution approving plat will specify need
to protect drainfield locations.
Dedication of right of way to Hennepin County that
portion they use for travelled roadway and
drainage purposes.
Underlying road and utility easemen’.s over road
outlot.
Road plans must include typical section and
horizontal and vertal controls.
8. Submit Drainage data as follows:
A) Design computations for storm sewer.
B) High water elevations of retention ponds.
C) Signify what areas are to be served by storm
sewer.
D) How shall the water be carried--CMP or open
ditches.
MINUTBS OP THE PLAMNING COMMISSION MEETING OP JULY 16, 1984.PAGE 5
1840 NED DAYTON
§841 CRAIG WINTERS
888 PLEMTYWOOD ROAD
9 UNIT PRD SUBDIVISION
PUBLIC HEARING
9:45 - 9:46 P.M.
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9.Drainage easements taken over
retention ponds, drainageways.
wetlands.
10.Apply for permit approval from the MCWD—final
grading and drainage plans must show bench mark
reference for elevations and erosion control
measures.
11.
12.
Payment of Park fee of $3,400.00
Approval of landscape plan dated June 26, 1984
(FILE 8420, 1 of 1).
13.Gazebo and tennis court on Outlots are accessory
structures and must meet 35' road/front and 25'
side setback.
14.Applicant to submit to staff the mechanism that
will be followed to maintain roads, drainageways,
storm sewers, and all common areas within the
plat.
15.Planning Commission has heard testimony from the
neighbors and raises the issue of the potei-t\ .'
for sewering this property as an alternative to
septic systems.
16.Staff to address drainage tile and question of
maintenance of tile to be resolved.
17. No variances will be granted.
18.Question on where the designated French Lake
wetlands line should be cleared up between
Hennepin County and the City maps.
Kelley seconded. Motion, Ayes (5), Nays (0).
Gene Ernst was present for Craig Winters. Mr. Larson of
4285 Sixth Avenue North and Mr. Pollard of 4225 Sixth
Avenue North were present from the audience.
Zoning Administrator Mabusth noted the certificate of
mailing and the affidavit of publication. Mabusth
stated that the majority of the property is wetlands
therefore the PRD is an effective way to use the dry
buildable land areas.
Chairperson Goetten asked about the dredging of the
pond. Goetten closed the public hearing at 9:46 p.n.
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MIHUTBS OF TOB PLAIIMIIIG CONMISSIOH MBBTING OP JULY 16, 1984 PAGB 6
•841 CRAIG WINTBRS Zoning Administrator Mabusth stated that the
applicant will have to apply for a separate
conditional use permit for the dredging of the pond.
Kelley noted that some of the houses in the back of the
property are located very close to the power lines.
Chuck Larson of 4285 Sixth Avenue North stated that the
power poles were just relocated and that the power
company probably wouldn't want to change the poles
again.
Rovegno suggested that Pads 5 and 6 share a driveway to
have less hardcover and less impact on the wetlands
near there and it would also solve the setback problem
from the wetlands.
Gene Ernst stated that he would discuss this with Craig
Winters.
Zoning Administrator Mabusth asked about the big barn
on the property and if it was orly going to be used for
animals. Mabusth stated that it is an indoor riding
arena now.
Gene Ernst stated that Craig Winters wants to use this
as a storage shed too.
Rovegno asked how many horses this large parcel of land
would be limited to.
Zoning Administrator Mabusth stated that number of
horses would be limited to dry buildable area in
relation to number of ownership pads.
Rovegno moved to recommend approval of a 9 unit PRD
subdivision application of Craig Winters for the
proposed development of Plentywood Farms finding all
standards of the PRD ordinance, applicable standards
of the RR-lA zoning district and septic ordinance have
been upheld subject to the following conditions:
1. Access to all 9 residence pads must be off plat
road.
2.The approved building envelope for each pad is as
follows;
Pads 1-6, 8 and 9 = front/rear at 60', side 30'
Pad 7 = front/rear at 50' , right/westside yard setback
at 30' and left/eas*- side yard must be 50'.
3.All drainf ield areas must be staked and protected
prior to any site grading or road construction.
Final resolution approving subdivision must
advise of need to protect septic test areas.
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MINUTES OP THE PIAMNIHG COMMISSION MEETING OP JULY 16, 1984 PAGE 7
1841 CRAIG WINTERS 4. Dedication of right of way for County Road 6.
5. Underlying road and utility easement over road
outlot.
6. Revise road plans per Engineer's report of March
“ o 1 n oxd. t 1984.
7.Designate drainage easements over areas below 960
elevation to west of plat road and over all areas
below 962 elevation to the east of plat road.
Conservation and Flowage easement to be taken over
all areas designated as drainage easements.
8.Apply for permit approval from MCWD. Final
grading and drainage plan must show bench mark
reference for elevations.
9.Outlot A must be combined with Hagfors property.
Outlot B must be combined with Gehrman property.
10.
11.
Payment of Park fee of $800.00
Applicant placed on notice that alteration of a
designated wetlands will require a separate
conditional use permit and that all improvements
involving hardcover within commons area must
maintain 26* setback from wetlands.
12.Should applicant want to move cui de sac and use a
shared driveway for Pads 5 and 6, this would be
acceptable to the Planning Commission.
13. Setback from property line for barn on Outlot C is
Sime seconded. Motion, Ayes (5), Nays (0).
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MINUTES OP THE PLANNING COMMISSION MEETING HELD JULY 16, 1984. PAGE 8
1783 I.D. CAPLES
4798 NORTH SHORE DRIVE
VARIANCE
#827 C.D. WILLIAMS
1932 EAGERNESS POINT RD
VAP ANCE
I.D. Caples and Ann Schulz, attorney, were present.
Zoning Administrator Mabusth stated that this was
tabled at the April 16, 1984 Planning Commission
meeting to ^.V’ow the applicant time to acquire more
land.
Ann Schulz noted the size of other lots in the
neighborhood and noted the Caples lot is larger with
the partial vacation of Park Avenue.
Kelley moved to give conceptual approval to Caples
variance application finding that with the partial
vacation of Park Avenue Caples lot is larger than the
•neighboring lots and no other land is available and
subject to the following conditions;
1. No other variances are granted for this applicant.
2.Applicant to apply for partial vacation of Park
Avenue and variance will go into effect when the
vacation has been filed.
3. This property may never exceed 35 percent
hardcover and lot must meet all other lakeshore
ordinances.
4.All hardco>^er should be shown on survey along with
building envelope.
5.Approval is based on the partial vacation of Park
Avenue with a lot size of 18,285 sf or .41 acre.
Sime seconded. Motion, Ayes (4), Nays (1).
Minority Opinion - Callahan voted nay. Callahan felt
that even with the addition of the 15* of depth with a
total lot area of 18,285 sf that this lot is still too
sma11.
C.D. Williams was present. Assistant Zoning
Administrator Gaffron stated that Planning Commis
sion tabled this application on May 14, 1984 and asked
the applicant to come up with another plan to reduce
hardcover.
Kelley stated that at the last meeting there was a
drainage problem with the neighbors and asked if this
was resolved.
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MimiTBS OP THE PIANNIMG COMMISSION MEETING HELD JULY 16, 1984. PAGE 9
#827 C.D. WILLIAMS
#842 ROBERT ZIMMERMAN
3415 CRYSTAL BAY ROAD
VARIANCE
PUBLIC HEARING
10:35 - 10:55 P.M.
Assistant Zoning Administrator Gaffron noted that the
drainage problem is a general problem in the area, not
specific to this property, and should be reviewed by
the PublicWorks Director. Gaffron stated that only a
3 percent increase in hardcover is proposed.
Kelley asked if the applicant was proposing a deck.
Williams stated that a second story deck is proposed
but that it is not considered hardcover.
Sime moved to approve the Williams* variance
application finding that no additional land is
available and applicant has addressed hardcover issue
and kept hardcover to 30% where 27% was existing and
applicant is meeting side setbacks and subject to the
following conditions:
1. No other variances will be granted.
2. Public Works Director to look into drainage
problem with neighbors.
3. Hardcover not to exceed 30%.
Callahan seconded. Motion, Ayes (4), Nays (1).
Minority Opinion - Rovegno voted nay. Rovegno stated
that this entire proposal is within the 75* lakeshore
setback line and that the applicant should reduce the
hardcover.
Robert Zimmerman, C..M. Gables, and J. Frischmann were
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. Chairperson Goetten
closed the public hearing at 10:55 p.m.
Rovegno stateo that the hardcover should be cut down
and that the applicant should consider going upward
rather than expanding the house outward.
Kelley stated that there was too much hardcover on the
property and that the applicant should go upward.
Zimmerman stated that the footing might not be able to
hold a second story but that he would have it
inspected.
Callahan moved to table the Zimmerman variance
applicant to allow the applicant to cut down on the
hardcover and to consider expanding the house upward
rather than outward. Kelley seconded. Motion, Ayes
(5), Nays (0)._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 16» 1984.PAGE 10
«843 JEFF ULKU
1416 BALDUR PARK ROAD
VARIANCE
PUBLIC HEARING
10:57 - 11:05 P.M.John Ulku 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. Chairperson
Goetten closed the public hearing at 11:05 p.m.
Rovegno moved to approve a lot area and lot width
variance for Jeff Ulku finding that no additional and
is available and that the lot was a platted lot of
record subject to the following conditions;
1. Hardcover variance of 5 percent.
2. Cars not to back out onto Baldur Park Road if
possible.
Kelley seconded. Motion, Ayes (5), Nays (0).
APPROVAL OF MINUTES Rovegno moved, Goetten seconded, to approve the
Planning Commission minutes of June 18, 1984.
Motion, Ayes (5), Nays (0).
PLANNING COMMISSION
REPRESENTATIVE TO ATTEND
COUNCIL MEETING Chairperson Goetten volunteered to attend the Council
meeting of August 13, 1984.
ADJOURN!IT 11:15 P.M. The Planning Commission adjourned at 11:15 p.m.
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