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Home My WebLink About02-21-1984 Planning MinutesPLANNING COMMISSION MEETING TUESDAY, FEBRUARY 21, 1984 7:30 P.M COUNCIL CHAMBERS o Council Representative - James Grabek * m ATTENDANCE PUBLIC HEARINGS • «i % , 1. 7:30 p.m. #806 Willow Properties, 2600 Wayzata Boulevard Preliminary. Subdivision 2. 7:45 p.m. #807 Hennepin County, 2600 Wayzata Boulevard Zoning Admendment 8:15 p.m.#809 Jack Hamlett, 2696 Ethel Avenue Preliminary Subdivision - Lot Line Rearrangement 9:00 p.m. #810 City of Orono a) Proposed rezoning to B-2 of North Shore Drive Marina and residential area between Chas..a Marina and North Shore Drive Marina b) Proposed amendment of B-2 zoning district t ,5. 10:00 p.m. f y Ik' City of Orono - Codificat,ion of Zoning Code Minnesota Statues require amendments to sections of the code dealing with review procedure for variances and conditional uses, definitions, performance standards for use districts and existing lots of record. ACTION ITEMS I- « fjr^r*^-*** 6.#811 John Ericson, Variance 1620 Shadywood Road 7.#812 Alan McDowell, Variance 905 Ferndale Road West 8. 1 #813 Michael Smith, Variance 525 Park Lane ♦ 9.#814 John Ericson, Variance 3482 • Lyric Avenue 10.#815 Ralph Bagley, Variance 1105 Ferndale Road West Planning Commission to select a representative to attend the March 12, 1984, Council meeting. a 12. Approval of Planning Commission minutes dated January 16, 1984. ADJOURNMENT laW . i 1 > \ 1 MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984. PAGE 1 o ATTENDANCE 7:30 P.M. #806 WILLOW PROPERTIES 2600 WAYZATA BLVD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30 - 7:39 P.M. fy : '■ ''.i It ?11; ' •* #807 HENNEPIN COUNTY 2600 WAYZATA BLVD. ZONING AMENDMENT PUBLIC HEARING 7:45 - 7:46 P.M. c « The Planning Conunission met on the above date with the following members present: Chairperson Goetten, Rovegno, Callahan and Adams. Zoning Administrator Mabusth, Building Official Jacobs and Recorder Sutton represented the City staff. Council Representative Grabek arrived at 8:30 p.m. William Gagne was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. Zoning Administrator Mabusth stated that staff would need the preliminary subdivision plans from Mr. Gagne before action. Mabusth stated that 3 sewer units have been allocated to this parcel and that the applicant must decide how units are to be redistributed over three new parcels. Callahan moved, Rovegno seconded, to table Willow Properties subdivision application pending receipt of preliminary subdivision plans. Vote; Ayes (4), Nays (0). Earl Johnson, Raymond O'Connell, and David Smith were present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Zoning Administrator Mabusth stated that the Planning Commission has to set up performance standards for the library use. Mabusth stated that rather than rezone Council has requested that the zoning code be amended to include the library use under a conditional use. Chairperson Goetten stated that the library should meet the 2 acre requirement of the RR-IB zoning district. Rovegno stated that a library should be permitted in every zoning district and that they should have to meet the current zoning standards. MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984- PAGE 2 #807 HENNEPIN COUNTY ::^pf ®lil ■■■ ■ .i- '; . mwn ••■":; /.v:_«. ;; |S' ■?;, i f‘- "‘ -•'» ‘ #809 JACK HAMLETT 2696 ETHEL AVENUE PRELIMINARY SUBDIVISION I LOT LINE REARP-ANGEMENT PUBLIC HEARING Adams stated that he didn't think that libraries should have additional screening. Adams stated that library buildings are attractive and that they shouldn't be required to have additional screening. Rovegno stated that they should screen the parking lot area. Goetten stated that additional screening should be lequired near the residential lot lines. Goetten asked if a loading dock would be needed. David Smith stated that a loading dock would not be necessary. Goetten read a letter from Jo Ellen Hurr stating "I strongly support the location of Highway 12 and Old Crystal Bay Road for a Hennepin County Library. Since it will be a combination of Long Lake, Medina and Maple Plain libraries located in Orono, I suggest it not be called 'the Long Lake Library'." Callahan asked if there should be a hardcover limitation? Zoning Administrator Mabusth stated that there are no specific standards for hardcover but that the hardcover would be taken care of in the drainage review. Rovegno suggested that 1 square foot of sign for every lineal foot on the front of the building be allowed for signage. Rovegno stated that he didn't want to a future library for video rental fall under this new use and stated that the code be amended to provide only for non-profit libraries. Rovegno moved, Adams seconded, to recommend approval of the zoning amendment adding Section 34.824 to the RR-IB conditional use subject to library being non profit and a 50' setback from any residential lot line with signage and screening being approved with the conditional use permit. Vote; Ayes (4), Nays (0). Callahan moved, Adams seconded, to approve the conditional use permit for the RR-lB zoning district and to amend the zoning code. Vote: Ayes (4), Nays (0). 8:35 - 8:45 P.M.Mr. and Mrs. Hamlett, Mr. and Mrs. Amundson and Dorothy Kearns were present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. *1 MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984. PAGE 3 L, O #809 JACK HAMLETT O'#810 CITY OF ORONO PROPOSED REZONING TO B-2 NORTH SHORE DRIVE MARINA & AMENDMENT OP B-2 ZONING DISTRICT Public Hearing 9:00-9:31 k i Zoning Administrator Mabusth stated that the City would need in writing approval from Dorothy Kearns and Mr. and Mrs. Amundson. Adams moved, Rovegno seconded, to approve a metes and bounds lot line rearrangement finding that no new lots are created, and subject to the following conditions: Applicant submit for Council approval a certificate of survey designating three homestead parcels and four parcels created by the lot line rearrangement. 2. The newly created parcels must be combined with the appropriate homestead parcels. Applicant must submit a letter of approval of this rearrangement signed by the two other affected property owners. 4.Applicant and adjacent affected owners are advised that any access easements currently in effect may be affected by the new legal descriptions. Vote: Ayes (4), Nays (0). Larry Hork, owner, and Bruce Douglass, attorney, were present. Herman Renner of 3180 North Shore Drive was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Herman Renner stated that since he is so close to North Shore Drive Marina that there should be a buffer zone in between their properties. Renner stated that the shape of the properties makes the residents have 1 d, jk for every two houses. Renner stated that you still have a problem with the dockage of the marina because the marina docks extend too far out. Renner stated that if the marina could move their docks it would help. Zoning Administrator Mabusth stated that the public hearing notice stated that the Planning Commission was going to consider rezoning not only Horks property but also the property in between 3haska and North Shore Drive. Mabusth stated that Council has directed the Planning Commission to limit their review at the present time to only consider rezoning North Shore Drive Marina to the B-2 zone. I. i •w 1 MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984. PAGE 4 o #810 CITY OF ORONO * . • . / , ••••'V-J ■'i i • • A^/ V '■ »» ‘ '.liaB mmmm. :MTV:;--k KoWM w s := .. M- -/V' ■ ■• '^ ■-•• •; Bruce Douglas, Larry Hork' s attorney, stated that North Shore Drive Marinas new proposal would help the dock situation. Douglas stated that Mr. Renner is affected mainly by the gas dock traffic. Chairperson Goetten read a letter from Jo Ellen Hurr which stated ”I urge your thorough study of the impact of more commercial lake use on Maxwell Bay. The density of boat storage is already greater than any other area of front footage. Three commercial facilities already impacts 'our' bay in a negative manner." Chairperson Goetten also read letters from Mr. Navin, Mr. Lyman and Mr. Carpenter who had no objections to the rezoning of North Shore Drive Marina. Herman Renner of 3180 North Shore Drive stated Orono should take that shoreline and use it as a bathing beach because Orono does not even have a public beach which everyone could use. Rovegno moved, Adams seconded, to approve the rezoning of North Shore Drive Marina from LR-lC-1 to B-2 and that at some future time approve a future rezoning to B-2 of the residential property in between North Shore Drive Marina and Chaska Marina when a future applicant can provide the following: 1. Proof that applicant controls/owns two acres in area. 2. Proposed use is consistent with standards of B-2 zone. Approval of the rezoning to B-2 of the North Shore Drive Marina is based on the following findings: 1.Support of the surrounding property owners and staff to study the environmental impact of additional boat slips and marina use. 2. Rezoning to commercial would be consistent with the current and historic use of the property. 3. Rezoning will not intensify the commercial use of the land or shoreline but permit enforcement of the restrictive B-2 standards. 4.The proposed partial rezoning and conceptual directive for rezoning of the remaining Lr-lC-1 corridor will be consistent with the intent of the land use (lakeshore management) principals and goals setforth in the Comprehensive Plan. 5. Marina Committee continue with review of 1984 commercial dock license. 6. Such rezoning to be a contract rezoning. * MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984. PAGE 5 #810 CITY OF ORONO o CITY OF ORONO CODIFICATION OF ZONING CODE PUBLIC HEARING 11:20 - 11:21 P.M. #811 JOHN ERICSON ^ 1620 SHADYWOOD ROAD VARIANCE '■j*. r *** ' * #812 ALAN MCDOWELL 905 FERNDALE ROAD WEST VARIANCE C Vote: Ayes (3), Nays (1). Callahan minority opinion - Callahan stated that a portion of the motion relates ~o the property in between North Shore Drive Marina and Chaska Marina and that it should just be North Shore Drive Marina. Zoning Administrator Mabusth noted the affidavit of publication. Rovegno moved, Adams seconded, to appT'''?v»' codification of Zoning Code. Vote: Ayes (4), Nayb (0). John Ericson was present. Zoning Administrat'^r Mabusth stated that Mr. Ericson needed a variance for construction of a new residence. Mabusth stated that this should be a division. Rovegno stated that this would be a subdivision for tax purposes. Ericson stated that there are two stubs and that it has been assessed for one sewer and one water unit. Ericson stated that this lot fits right in with the adjoining property. Chairperson Goetten stated that the Planning Commission should have some direction from Council on what standards to apply to this situation. Chairperson Goetten moved, Callahan seconded, to table the variance application un^il the Planning Commission can have conceptual direction from the Council on what standards to apply to this situation. Vote: Ayes (4), Nays (0). Mr. and Mrs. McDowell were present. Barry Petit, Charles Corya and John Cook were present. Zoning Administrator Mabusth stated that Mr« McDowell needs a variance for construction of a garage to be located 58 ' from the lakeshore. Zoning Administrator Mabusth stated that there would be no increase in hardcover. Goetten stated that the applicant should be placed on notice that future hardcover variances may not be approved. MINUTES OP THE PLANNING COMMISSION MEETING OP PEBRUARY 21, 1984 PAGE 6 Q #812 ALAN MCDOWELL :r #813 MICHAEL SMITH 525 PARK LANE VARIANCE « Adams moved, Rovegno seconded, to approve a lakeshore setback variance to allow construction of a garage 58' from the lakeshore finding that applicant is not adding any additional hardcover but reducing the hardcover. Applicant is placed on notice that the shed is a non-conforming structure and subject to all pertinent ordinances. Vote: Ayes (4), Nays (0). Michael Smith was present. Building Official Jacobs stated that Mr. Smith wished to construct an addition and remodel the existing house. Jacobs noted that the applicant is removing the existing garage and shed to cut down on the hardcover. Rovegno stated that the deck setback should align with the neighboring decks from the lakeshore. Rovegno moved, Adams seconded, to approve a rear * setback and hardcover variance based on the following findings: 1. The proposal vs consistent with development of the surrounding neighborhood. 2. There has been an established residence on the property for over 50 years. 3.There is adequate turnaround provided on the property. 4. 5. There is no dditional land available. The physical hardship of the severe slope to the lake. 6.One-half acre lot subject to standards of one acre zoning district. 7. Variance was approved by Council on February 8, 1982. Such approval is based on the following conditions: 1.That the existing garage and shed on the City right of way be removed prior to issuance of building permit. 2.The the maximum hardcover allowed will be 2,?‘^>8 square feet. 3. No future variances will be granted for this property. 4. Proposed house and decks will not encroach on the lakeshore site line of existing neighbors. MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 21, 1984 PAGE 7 m «813 MICHAEL SMITH #814 JOHN ERICSON 3482 LYRIC AVENUE VARIANCE ' ' ■ . • •*:'1i .■ • ■ >* - . - : 1 > ... ____ - ■HlEi- '', ■ 0 5. Deck to align with neighboring decks from the Jakeshore. Vote: Ayes (4), Nays (0). John Ericson was present. Building Official Jacobs noted that a lot area, lot width, and side setback variance would be needed to build a new residence. Mr. Ericson noted that all the neighbors have the same size lot. Chairperson Goetten asked what the hardships were, when there is a lot available next door that is fov sale. Mr. Ericson stated that he wasn't going tc* buy another lot. Ericson stated that all the other lots in that neighborhood don't meet the current requirements either. Adams stated that he agreed with the applicant and that he would like to see the lot developed, but that he would like to see the complete plan. Chairperson Goetten stated that the Planning Commission would not be able to make the finding that "there is no other land available", which is one of the Planning Commission major findings when granting variances of this type. Ericson-stated that it wouldn't make economic sense to buy another lot. Chairperson Goetten stated that she would have a hard time approving it with land available next door. Callahan stated the he too would have a hard time approving it but that he would have to see a complete plan. Rovegno stated that this is a small lot with a lot next door for sale and that he would have a hard time approving a variance for this lot. Adams moved, Callahan seconded, to table Mr. Ericson's variance application pendi.>g receipt of a complete plan. Vote; Ayes (4), Nays (0). ^ • MINUTES OF THE PLANNING COMMISSION MEETING OP FEBRUARY 21, 1984 PAGE 8 o #815 RALPH BAGLEY 1105 FERNDALE ROAD WEST VARIANCE Bob Mitchell, Ralph Bagley's attorney, was present Chairperson Goetten moved, Adams seconded, to approve a variance for Ralph Bagley finding that the property is severely limited on the peninsula and the location of the house, based on the following conditions; 1. 1 Survey to be updated and existing and proposed hardcover determined prior to scheduling application for Council action. Hi, : ,Hi 2. Applicant is placed on notice that future hardcover variances may not be approved. 3. Extend the roof and rebuild according to the building code. Vote: Ayes (4), Nays (0). PLANNING COMMISSION REPRESENTATIVE TO ATTEND COUNCIL MEETING ts Callahan volunteered to attend the March 12, 1984, Council meeting. APPROVAL OP MINUTES Adams moved, Rovegno seconded, to approve the Planning Commission minutes of January 16, 1984. Vote; Ayes (4), Nays (0). ADJOURNMENT 11:23 P.M. The Planning Commission adjourned at 11:23 p.m. m ■i '.S m “» 3 i