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HomeMy WebLinkAbout04-16-1984 Planning Minutesi V ■ P -- . \ JEV-:. f PLANNING COMMISSION MEETING MONDAY, APRIL 16, 1984 7:30 p.n. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS mm mf-!£• Council Representative - Timothy Adams Public Hearing 1. 7:30 p.m. #824 Eugene Rosenthal, 640 Tonkawa Road Preliminary Subdivision Action Items 2« #783 I.D. Caples, 4798 North Shore Drive | Variance • .. • ■' 3. #8.11 John Ericsoh, 1620 Shadywood Road Variance 4. #814 John Ericson, 3482 Lyric Avenue ^ Variance #816 Lake Minnetonka Homes, 155 Willow Drive South (Countryside Drive) Subdivision 6. #823 North Shore Drive Marina, 3222 North Shore Drive Variance - Public Hearing #826 Nellist/Schaper, 3800 Wayzata Boulevard Conditional Use Permit - Public Hearing Sketch Plan Review 8. #825 Gerald Robinson, 4401 Wayzata Boulevard Sketch Plan Revieww-Xnfbrmation Item ilV ' . • 1- --.fc 9. Planning Commission approval of March 19, 1984, minutes. . ; * ? 3 N i I ■■ <1; ' : , 10. Planning Commission to select representative to attend the May 14, 1984, Council meeting. mKkAdjournmentmmmm. •^ A •v%rjf.u-t- • - - M«9«W / • Art^ ¥ MINUTES OP THE PLANNING COMMISSION MEETING OP APRIL 16, 1984 PAGE 1 ^ITTENDANCE 7;30 P.M The Planning Commission met on the above date. The following members were present: Chairperson Goetten, Rovegno, Adams, Kelley, Sime, and Callahan. Councilmember Adams was present. Zoning Adminis­ trator Mabusth and Assistant Zoning Administrator Gaffron were present. #824 EUGENE ROSENTHAL 640 TONKAWA ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30 - 7:33 P.M. i-. 1-.#. r . /'* • < Mr. and Mrs. Rosenthal were present. Zoning Administrator noted the affidavit of publication and the certificate of mailing. Dale Kennedy repre­ sented the Carlsons. } Rovegno moved, Sime seconded, to approve the two lot plat of Eugene Rosenthall finding all standards of the LR-IB zoning district have been satisfied, subject to the following conditions: r * ^ n f * ■ V 1. Approved access to new lot. \- ■ -i':Mm *n*. .* * . V . ’ ■ , -r; I ^ 2. Applicant must decide on sewer connection location. 3. Dedication of right of way at southwest corner for County Road 135 but dedication is not to encroach into the wetlands.9 Pv- \i VW I.D. CAPLE8 4. Payment of $200 park fee. 5. Newly created lot may not have riparian rights Vote: Ayes (6), Nays (0). 4 \i'.V- • -•;4798 NORTH SHORE DRIVE VARIANCE mwi r I.D. Caples was present. Ann Schulz, attorney, was present. Neila Clifford was present. Schulz noted that this lot is the same size lot as all other lots in that area. Schulz stated that this lot has been assessed for sewer. hi Rovegno asked where the garage would bfe placed? Schulz stated that it will be a tuck under garage. Zoning Administrator Mabusth stated that the road should be vacated? Goetten stated that if the road was to be vacated that there could be additional lots that may be buildable sites. ■ 'i'.- Y-- . V. MINUTES OF THE PLANNING COMMISSION MEETING OP APRIL 16, 1984. PAGE ^ *m m % rri r- m ta-X '“V ■^v ^ ' .■■,V..:. .^■■■'■- ■■'■■■ • •-■'■ ■ i- hil'V- ‘■<1 i'.K'illh' ^ ^JTSl Kelley stated that he would be in favor of the vacation. Rovegno stated that the survey is not correct. Sime stated that the applicant should try to attain additional land by vacating Park Avenue and a new survey should be done. Sime noted that the applicant was placed on notice that the lot may not be buildable. Sime stated that he would not be in favor of the variance unless the applicant acquires additional land. Callahan noted that even if you vacate Park Avenue the lot would still be substandard. Callahan stated that he would have a hard time approving this variance application because it could set a precedent for the rest of the neighborhood. Schulz stated that if the applicant could acquire an additional 6,000 sf it would bring the lot closer to the other lots. Adams felt that it would be a good use of the property to put a house in the lot and that it would fit in with the rest of the neighborhood. Adams stated that he would be in favor of granting the variance. Kelley agreed with Callahan that the lot is very substandard. Sime moved, Kelley seconded, to table the variance application to allow the applicant time to explore the idea of acquiring additional land, for the applicant to get another survey and for applicant to explore the access issue. Vote: Ayes (6), Nays (0). ad •JM ^ j #811 JOHN ERICSON 1620 SHADYWOOD ROAD VARIANCE MM- -y #814 JOHN ERICSON 3482 LYRIC AVENUE VARIANCE ■ ’•’LL >v‘-‘ . \V; John Ericson was present. Ericson asked that the City table his variance application to allow his attorney to review the Zoning Administrator's memo. Rovegno moved, Kelley seconded, to table the Ericson variance application. Vote: Ayes (6), Nays (0). John Ericson was present. Ericson stated that at the last Planning Commission meeting they asked him to explore acquiring additional land. Ericson stated that he does not intend to buy the lot next door. Ericson stated that he didn't want to put any more money into the land. MINUTES OF THE PLANNING COMMISSION MEETING OP APRIL 16, 1984.PAGE Rovegno stated that the letter implied that if the two lots could be combined that it would b© a buildable lot. ‘: -v ■ ■ •• • . i' g . i • • • '**. • ; Callahan me ved, Kelley seconded, to f^i^nal variance application finding that there land available next door that is for sale, that if th^ two Lots 16 and 17 were combined it would buildability of the lot and «>at ^ ®PP'°^ye| ^4^ variance would create a precedent. Vote. Ayes , Nays (2). Adams and Sime minority opinion. Adams would approve the variance application finding that. mm ■:• ■ V : • ? ■ ''r;-W P V -X- '%1.The proposal meets the neighborhood pattern. tf- ■■■ ■m/-- : =xX:v:- ‘a: ;.r-» . ;-AvV A-a;':- >.v • A. / ••.-•x f:- v> ^ ■ - Ay ■■■■:■.'Pr.a : -V 2. The proposed house and garage meet all setbacks and hardcover requirements in the LR 1 9 district. ‘ -ei 3. Property has been assessed for sewer and water. V. •• V- i- K.-. - H: 4. Property has been provided with sewer and water stubs. Sime agreed with Adams and stated ^hat when the oroperty is assessed for sewer and water that it wa intended to be a buildable lot at the time. #816 LAKE MINNETONKA BOMBS 155 NILLOW DRIVE SOUTH (COUNTRYSIDE DRIVE) SUBDIVISION Richard conry was present. Judd Ringer and Donald Scott were present from the audience ■mm::, ' 'm-';:--:'/•' Sime moved. Adams seconded, to ®PProve the f^ r»ia<- of Countryside Manor Second Addition (Exhibit A 1. All newly created lots shall access from plat road. ;s.r.rxrA.*“:r...A^-U 1 A drainage and utilities easement over portions of land not included in road right of way that involve the temporary cul de sacs. '•A • ^. A r • MltlOTBS OF THB PLAHNING COMMISSION MEETING OP APRW. ■F '-ill ' Jt’J . ••■ y. ■< .;•< . ■ .rr ::■< ■■. .:' •" ..: , • ^V^s'.K'4- V■;: i - j" V v: V . .. ; iMl • ■• v:. W.^. '.'V .:..:'r V >i;:^ ■ ;.• ■■. •■ .: -■■;■ .. ■.<’■■■ ; jiawrt 5?^ yi-.IS ■;s- ■ .:V, 4. Temporary Maintenance ^ ^ shared maintenance plus repair of future puoiic by abutting benefited lots. irnot completed by final plat approval. ditch areas to be graveled. 7. Final plans to designate pond area as drainage easements. 8. Dedication of plat road. 9. payment of park fees in the amount of $1,000. . • Wave'S^Y*Q w!lX1 b© xn©int3.in6d iSiou^hout the cSns?rSct\on period until all bare soil- surfaces have covered or revegetated. | 11. All septic test areas must be fenced off prior to road construction. wuc... .‘■5"road showing a curve of 275 raaius at Discussion was continued before the vote was taken, roads. Adams stated that the developer has done everything <^be City has asked for. Councilmeml^r to come in^and*^ show^them'”a plan wanted the ® uia serve all th: lots, with an i"t®5i°" to the Richard Conry stated that the City is thatrelease any of these concept plans. COM^^ he ha. presented a plan ^e doesn’t like ?hrpUn iid thathe would like to see his original plan approved by the City. io\ snd CftXXsihftn Vote: Ayes (4), stated that he would need minority of the area and that by approvingto see a total plan of t would be setting a such a subdivision , ^^s to develop land the precedent for stated that the City should piecemeal way. sure that all lots will be served“br?ntL'’ior roads. Callahan agreed with »■* !!'■ I sure road m of pond to be ace - inage H. 000. rained e soil ior to d plat 0 t 00. taken. be plan iterior rything Council I a plan lots, to the : to give ted that >ad that n't like nal plan Callahan »uld need pproving letting a land the ly should :s will be eed with i minutes op the planning commission meeting op APRIL 16, 1984. PAGE ^ ■' A- ! /;■ • n Zoning Administrator Mabusth stated that in order to approve a total development plan that the City would have to require septic testing for each lot. Councilmember Adams asked for a concensus on which plan the Planning Commission would prefer. The Planning Commission could not come up with a concensus on which plan they would prefer. V:.- #823 NORTH SHORE DRIVE 3222 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 9:29 - 9:31 P.M, I? m #826 NELLIST/SCHAPER 3800 IfAYZATA BOULEVARD CONDITIONAL USB PERMIT PUBLIC HEARING 9:33 - 9:36 P.M. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one representing the North Shore Drive Marina. Assistant Zoning Administrator Gaffron stated that at the Marina Committee they did not feel that they should address the variance issue. ♦ Rovegno noted that the plan exceeds the hardcover limitations. Adams stated that a tradeoff in hardcover should take place. #i Callahan moved, Kelley seconded, to deny the variance application based on the finding that it will increase the hardcover, and that the City would consider a tradeoff in hardcover. Vote: Ayes (6), Nays (0). Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Glenn Nellist and Lowell Schaper were present. Cliff Otten of 3740 Wayzata Blvd and Fred Holasek of 3825 Sixth Avenue North were present from the audience. Kelley asked if the applicants were planning on tearing down the existing building. Kelley stated that if they were not planning on tearing it down, could the existing foundation hold such an addition. Lowell Schaper stated that they were planning on adding onto the existing building and that the addition would be used as a loft/office/storage space. Schaper stated that this new addition would not be used for retail. Schaper stated that they would be leasing the property with an option to buy. > - % *•, •...V - - - -- - #826 NBLLIST/SCHAPER MINUTES OP THE PLANNING COMMISSION MEETING OP APRIL 16, 1984.PAGE Glenn Nellist stated that the addition was mainly for decoration than anything else. Lowell Schaper stated that the addition would be 32' high and that they would like to eliminate the requirement that someone live there. Zoning Administrator Mabusth stated that a variance would be needed if they plan on 32‘ high addition. Lowell Schaper stated that they would be removing the existing metal canopy to reduce hardcover. Rovegno stated that the applicants should check with the Building Official to see if they have to provide a handicapped access to the loft area. Chairperson Goetten stated that by asking the City to approve their request that the City allow them to eliminate the apartment use, that they are asking the City to approve a non-conforming use. Glenn Nellist stated that no one has lived in that apartment for years and that asking someone to live there would be unreasonable. Nellist stated that they only want to continue what was done before—sell fresh produce. Nellist asked how the City could enforce the apartment use anyway. Nellist stated that the last person who rented the place did not have anyone living there. Kelley asked the applicants if their business did increase if they were planning on adding additional parking space. Glenn Nellist stated that they weren't sure. Zoning Administrator Mabusth stated that the applicants are asking for 900 square feet of additional commercial area to the existing building. Mabusth asked for the hours of operation. Lowell Schaper stated that they were willing to comply with the original resolution as far as the hours of operation. Sime stated that the requirement of a tenant to live there is ridiculous. Sime noted that the applicants want to improve the existing building. Goetten stated that the Council must address this realistically as far as that no one has lived there for years. m&Bmm MINUTES OF THE FlANliXWlj v.unriAS>i>xvrii rubAA^Kiv rmm. m^. #825 GERALD ROBINSON 4401 WAYZATA BOULEVARD SKETCH PLAN REVIEW :■ •• .;.•■- ■..; . ;,: 'ir/" ;• vv.^-::K ‘ :• ■!■ •• .'• •;•.■.■•• .:. ?■■...:.•• =r ■■•^•••. ■ ■•^:V=:vV - .r "■■■ - fj .-; Kr -l ’-- ';'": • i iii&iii |gi5;-i: ..• ;i*4mm Kapil r. " ■'. r - . ^ ...= ■ ■• . .V' • - * • -.■ i • >V - >-VV '■ a.;: a '.., % life •■ a. *'* ‘.V‘-*V 'ir ‘ r. m "■ ■■>".••. ■a^ ■■!: '■•, '■■ ■-... ■ •■::■■'. r-.!' ... .V-’'" ■• ■ |- .. .‘ r .■ ^ r ,V . . . m =’-::%aTTr:^. : 'iHl HEbTEaisHsS building and approving a variance for a 32 nig additioi. to be used as a loft or storage space. Vo Ayes (6)f Nays (0). ssiMIslSI wetlands ordinance. Mabusth stated that the wetlands map indicated a 1.5-2.0 acre property. Mabusth stated that the «^^ual sub divisioJi would kH approximately *5-12.0 acres of dry buildable. Mabusth stated that the for direction as to whether he should continue with the subdivision or not. Kelley asked how they would access to these properties. zoning Administrator Mabusth stated that it to be over the railroad tracks. Mabusth stated that a road outlot would have to be created which would also reduce the dry buildable. Mr. Sadeghi stated that they have leased Burlington Northern Railroad. stated that this property is landlocked because it is virtually impossible to get access permits from Burlington Northern Railroad. Rovegno stated that the applicant could approach the Council by asking to amend the wetlands ordinance. Assistant Zoning Administrator Gaffron noted that if ?his subdivision was approved per lot, that septic testing would be required. Callahan noted to the applicants of a plat that was being subdivided on Highway 12 where the City required Hennepin County to meet the zoning district requirements. The overall concensus of the Planning Coismissior. was that this subdivision would have to meet the zoning district requirements like all the other sub- divisions. Adams stated that he would feel uncomfortable the wetlands ordinance and th t he was opposed to the amendment . APPROVAL OP MIHOTBS Rovegno moved, Kelley second of March 19, 1984. 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