HomeMy WebLinkAbout06-18-1984 Planning Minutes>* . t.
PLAHHIMG COMMISSION AGENDA
MONDAY, JUNE 18, 1984 7:30 P.M.
1275 BROUN ROAD SOUTH - COUNCIL CHAMBERS
Council Representative - Toro Frahro
Public Hearing
1. 7:30 p.ro. 1838 Thoroas Bernier, Maple Avenue
Vacation
Action Iteros
2. #833 Harry Brockopp, 993 Wildhurst Trail
Variance
3. #836 Richard Ogle, 2771 Shadywood Road
Conditional Use Permit - Public Hearing
4. #837 Hennepin County Park Reserve Dist., 2865 North Shore
Conditional Use Permit - Public Hearing
Inforaation Items
5. Planning Commission approval of May 21, 1984, minutes.
6. Planning Commission to select representative to attend to
July 9, 1984, Council meeting.
Adjournment
i
lAttUli
MIMOTBS OF THE PIANNIMG COMMISSION ITIN6 OP JUNE 18 r 1984 PAGE 1
ATTENDANCE 7:30 P.M.
*838 THOMAS BERNIER
MAPLE AVENUE
VACATION
PUBLIC BEARING
7:30 - 7:46 P.I1.
The Planning Coinmission met on the above date with the
following members present: Chairperson Goetten#
Rovegnor McDonald, Sime# Adams, and Kelley.
Planning Commission Member Callahan was not present.
Assistant Zoning Administrator Gaffron and- Recorder
Sutton represented the City staff. Council
Representative Frahm arrived at 8:24 p.m.
Mr. and Mrs. Thomas Bernier were present. Douglas
Klint and Ms. Bartikoski were present from the
audience. Assistant Zoning Administrator Gaffron
noted the certificate of mailing and the affidavit of
publication.
Thomas Bernier stated that the vacation of the road is
needed because of the erosion on the hill. Bernier
stated that neighbors tend to use that road as storage
area for their boats and trailers. Bernier stated
that the children in the neighborhood use this as a
short cut and for riding three wheelers.
Douglas Klint stated that he was in favor of the
vacation.
Ms. Bartikoski stated that she too was in favor of the
vacation.
Chairperson Goetten closed the public hearing at 7:46
p.m.
Adams stated that he was in favor of the vacation but
that he felt that a walkway easement should be taken so
that the neighbors can use this as a short cut.
Rovegno moved, McDonald seconded, to recommend
approval of the vacation of Maple Avenue based on the
following findings:
1. The vacation does not affect access to or use of
any adjoining property.
2. The City iias not and does not intend to develop,
improve, or use the property in any way except for
utility or access purposes which are to be
described as part of a Council resolution.
3. The property as it exists serves no public
purpose.
B 1
with the
Boetten,
Kelley,
present•
Recorder
Counci1
MIHUTES OF THB PIANHIliG CQMMISSIOll MBBTI1I6 OF JUNE 18, 1984. PAGE 2
i
Douglas
rom the
Gaffron
davit of
»road is
Bernier
storage
: stated
hia as a
of the
r of the
at 7:46
:ion but
taken so
cut.
conmend
i on the
r use of
evelop,
;ept for
to be
on.
public
#838 TEONAS BBRHl
§833 HARRY BROCKOPP
993 NILDHORST TRAIL
VARIANCE
Approval based on the following conditions:
1. Lots 160, 161, and 162 must be combined as part of
this approval so as to avoid landlocked parcels of
land.
^ • City to obtain sewer and water easements over
Maple Avenue.
3. Appropriate right-of-way for Ivy Lane be taken.
# • Private storm drain on Barr * s property can remain
and should be maintained by property owner.
5. Maple Avenue not to be used as lake access.
Motion, Ayes (5), Nays (1).
Minority Opinion - Adams voted nay. Adams stated that
he felt that a walkway easement should be taken over
Maple Avenue for the public.
Harry Brockopp was present. Mr. Sodernan of 975
Wildhurst Trail and Barbara Kosch of 995 Wildhurst
Trail were present from the audience. Gaffron noted
that this application had been tabled at the last
Planning Commission meeting pending receipt of an
updated survey.
Chairperson Goetten stated that the driveway is
considered hardcover.
Assistant Zoning Administrator Gaffron asked
Brockoop if he would be willing to give a 10 * easement
to Soaerman for access to his property.
Brockopp stated that he would gladly give the 10*
easement.
Councilmember Prahm suggested that the 10* easement
not be charged as hardcover to either of the property
owners since both share the driveway and a compromise
cannot be met.
Rovegno moved, Adams seconded, to recommend approval
of the variance based on the following findings:
1. No additional land available.
2. The City has rezoned this and the applicant had
acquired the lot before the rezoning.
3. Applicant*s hardship is the existing gravel
driveway^
MIMUTBS OF THE PLIOnilllG CONNISSIOII !TIH6 OF JUNE 18, 1984.PAGE 3
#833 BARRY BROCKOPP
art of
lels of
3 over
taken .
remain
ir»
IS.
d that
n over
f 975
Ihurst
noted
last
of an
Approval based on the following conditions:
1. No hardcover variance allowed and for staff to
subtract the 10' easement granted by Brockopp to
Soderman when calculating total area for
hardcover•
2. No future variances will be allowed.
3. Front setback should be 35* from front lot line.
4. Subject property to grant an access easement for
Soderman property.
5. City to take a utility easement independently of
the access easement.
6. No setback variances required.
7. No hardcover variances (including decks, etc.)
8. Resolution to be filed in chain of title.
9. Dock to meet LMCD and City requirements.
10. Question of vacation date should be resolved
subject to City Attorney review.
Notion, Ayes (6), Nays (0).
ly IS
asked
ement
e 10*
ement
perty
omise
roval
gs:
#836 RICBARD OGLE
2771 SBADYNOOD ROAD
CONDITIONAL USB PERMIT
PUBLIC BEARING
9:00 - 9:50 p.m.Mr. and Mrs. Richard Ogle were present. Assistant
Zoning Administrator Gaffron noted the certificate
of mailing and the affidavit of publication.
Assistant Zoning Administrator Gaffron stated that
the hardcover calculations that were done with the
building permit review were incorrect and that the
house itself is over the 25 percent allowed hardcover.
Gaffron stated that Ogle wishes to add a deck and
extensive landscaping within the 75* lakeshore
setback zone.
t had
ravel
3
MINUTBS OP THE PIAHMIIIG CQNNlSdlOM MBBTIMG OF JUNE 18, 1984.PAGE 4
:a£f to
kopp to
ia for
«836 RICHARD OGLE
t line,
ent for
ntly of
esolved
sistant
ificate
ed that
ith the
hat the
dcover.
eck and
keshore
Richard Ogle stated that he is trying to restore the
back yard back to the original elevation plan. Ogle
stated that he has gutters on the house to control
water runoff from the house. Ogle stated that
Bachmans has come up with a landscaping plan to restore
his yard back to original state including 10]. plants.
Ogle stated that there is a rock walkway with a
perforated poly underneath. Ogle stated that he is
using porous materials so that it won't be considered
hardcover. Ogle stated that valley view edging would
be used to minimize erosion. Ogle stated that he is
trying to make a transistion so that there won^t be
such a steep slope to the lake. Ogle stated that he
has a need for a handicapped ramp up to deck.
Kelley asked if the rock streamwa^3 necessary. Kelley
asked if the deck was included in the original building
permit plans.
Ogle stated that the rock stream was for aesthetics
only and to break up the natural greenery on the
property. Ogle stated that the rock stream has a
filtration system that filters back into the lake.
Ogle stated that the deck was not included on the
building permit plans.
Rovegno asked if the turnaround on the driveway could
be eliminated or cut down.
Ogle stated that the parking along the street is very
bad and the turnaround is needed along with the
circular drive. Ogle stated that the house is
designed to fit the circular drive.
Kelley stated that he felt the deck should not encroach
into the 75' setback zone. Kelley stated that if Ogle
can reduce the driveway any it would be good and that he
has no problem with the handicapped ramp.
Adams stated that the rock stream should not
recirculate into the lake and that it should be
considered hardcover. Adams stated that the deck
should be allowed with permeable material underneath.
Goetten stated that the deck within the 75' of the lake
should be removed. Goetten stated that the
handicapped ramp is fine but that the rock stream
should not be allowed.
Sime stated that the deck should not be allowed in the
75' zone and the rock stresun should also be eliminated.
Ogle stated that he has designed catch basin planters
that absorb all the runoff from the house and driveway
to help with the hardcover problem.
MimiTBS OP THE PLEllNIliG CQNMISSIOII !T1N6 OF JUNE 18, 1984. PAGE 5
re the
Ogle
»ntrol
that
(Store
lants •
ith a
he is
.dered
would
he is
:*t be
tiat he
!eck.
Cel ley
tiding
letics
m the
has a
lake,
m the
could
#836 RICHARD OGLE
s very
:h the
se is
croach
.£ Ogle
‘hat he
d not
lid be
e deck
neath•
le lake
b the
stream
in the
nated.
anters
iveway
Rovegno moved, Sime seconded, to recommend approval of
the grading and plantings finding that to do otherwise
would damage the lake further subject to the following
conditions:
i» Proposed rock stream to be eliminated.
2. Eliminate that portion of the deck that is in the
75* setback zone leaving approximately 375 sf.
3. Applicant to work with staff on reducing the
hardcover in the driveway if possible.
4. Staff to note in the resolution that there is a
severe hardcover problem on the property.
Motion, Ayes (6), Nays (0).
#837 HBHNBPIH COOimr PARK
RESERVE DISTRICT
2865 NORTH SHORE DRIVE
COHDITICNIAL USE PERMIT
PUBLIC HEARING
9:50 - 10:45 P.M.
r
Marty Jessen from Hennepin County was present. Stu
Burniece of 1220 Tonkawa Road and Toni Riley of 908
Shady Lane were present from the audience. Assistant
Zoning Administrator Gaffron noted the certificate of
mailing and the affidavit of publication.
Marty Jessen stated that Hennepin County wants to
restore the gazebo that is in disrepair.
Adams moved to approve the conditional use permit and
variance to allow the restoration of the existing
gazebo finding the following:
This is a structure of historical significance to
the lake area.
2. Restoration of the structure will not increase the
existing hardcover on the property. The
existing hardcover in the 0-75 • zone is less than 1
percent.
3. This is a legal non-conforming structure, and no
change in the use is being made.
4. The special conditions applying to this structure
are peculiar to this property.
5. These conditions do not apply generally to other
land or structures in the LR-IA zoning district.
6. Granting of this variance will not impair health,
safety, comfort, morals or in other respect be
contrary to the intent of the Zoning Code.
NDTBS OF the PLAMNIliG CQMNISSIOM MBBTIN6 OP JUNE 18, 1984.PAGE 6
al of
'wise
wing
#837 HENNEPIN COUNTY PARR?.
the
18 a
Stu
908
tant
:e of
B to
; and
ting
5e to
t the
The
tan 1
d no
ture
ther
ict.
Ith,
t be
Granting of this variance will not merely serve as
?o aYfevfi ’tf applicant, but is
cultyV demonstrable hardship or diffil
There was no second and the motion died.
pr»erty”%®im^r?* H renovating and expanding iSJs
plan of Hennn-t« ^ ^ needed to see an overall
noted tha^ThL v ® *"*^“"* Intentions. Sime
parkina*Lta n*!. "®""?P^" County has planned for 63
Sime stated thV<-gardens, and visitor center.
statL^a^ finalized. Jessen
secured £" Prelect has not beenHonnf^f may never happen. Jessen stated that
th^gazebo?"^ concerned with the repair of
tKn thaf supplied with a copy of£ha» iiri ^ * specifies what the County may do with
that piece of property when this development occSsV
Toni Riley of 908 Shady Road stated that she knew .-He
woman who owned this property and willed IV?!
Hennepin county. Riley stat!rtha“ t was neve^ Mr^
wK: harthe^r?!?" -"?^ developeranHLT?;
Rilev ^ta^ed^^a,. !.!? "P i" fhe will.
reMl r of ^ ’"*’®''® "®® plenty of money left for
(!hS coSldn-1 ^ta®?^;* ®‘®*®'^ Burnieceiwno couidn t stay late because of illness) feels that
the gazebo should be restored immediately too.
Rovegno stated that the City should reouire that anv
improvements done to the property should be done
through a conditional use s! th^at IL City Ln rev?“
moved, McDonald seconded, to approve the
rlstira??oi variance to'^anow tSI
allowina th** subject to Hennepin County
park arM to review any improvements to the
the aazoh!.^!^ 1 conditional use, and no expansion of
f5uolirg ‘lin"d“n°;s"f' ‘»®®" ‘»>®
'■ tSe^lak! ®a"rea?“® historical significance to
MINUTES OP THE PLMINIII6 COMMISSION MEETING OF JUNE 18, 1984.PAGE 7
»rve as
essary
cliffi-
#837 HENNEPIN COUNTY PARK
bounty
)5r000
9 this
reran
Sime
or 63
inter •
3f the
n the
rring
a few
essen
■ been
that
ir of
*py of
with
:urs.
: any
done
view
APPROVAL OF MINUTES
Restoration of the structure will not increase the
existing hardcover on the property.
This is a legal non-conforining structure, and no
change in the use is being made.
The special conditions applying to this structure
are peculiar to this property.
These conditions do not apply generally to other
land or structures in the LR-IA zoning district.
Granting of the variance will not impair health,
sa.fet,y0 comfort, morals or in other respect be
contrary to the intent of the Zoning Code.
Granting of this variance will not merely serve as
a convenience to the applicant, but is necessary
to alleviate demonstrable hardship or difficulty.
Notion, Ayes (6), Nays (0).
Adams moved, Sime seconded, to approve the Planning
Commission minutes of May 21, 1984. Motion, Ayes (6), Nays (0), ^
7.
PLANNING COMMISSION
REPRSSENTATIVS TO ATT]
COUNCIL MEETING
:h;ii
Sime volunteered to attend the Council meeting of July
Al>JOOSNNENT 10s46 P.M. The Planning Commission adjourned at 10:46 p.m.
e to