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HomeMy WebLinkAbout10-22-1984 Planning MinutesI i r t PLANNING COMMISSION MEETING MONDAY, OCTOBER 22, 1984 7:30 p.D. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS Council Representative - Mayor Mary Butler Scheduled Public Hearings 1. 7:30 p.m. #869 James Phelan, 1231 Wildhurst Trail Subdivision 2. 7:45 p.m, #872 Breckenridge Development Corporation 1200 Old Crystal Bay Road - Subdivision 3. 9:00 p.m. Proposed amendment to fence ordinance. Action Items 4. #854 G. Robert Johnson, 1981 Fagerness Point Road Conditional Use Permit 5. #870 Gary Valenta, 1160 Townline Road Variance - Public Hearing 6. #871 William Mielenz, 3435 Crystal Bay Road Variance - Public Hearing 7. #873 Leo and Neila Clifford, 4760 North Shore Drive Variance - Public Hearing 8. #874 Duane Barth and !-rs. D. Johnson, 1810 Shadywood Road Variance - Public Hearing Additional Items 9. Planning Commission approval of September 1/, 1984 minutes. 10. Planning Commission to select representative to attend November 13, 1984 Council Meeting. Adjournment Ni M ‘ift i 4' MINUTES OP THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 1 ATTENDANCE 7 : 30 PM 1869 JANES PHELAN 1231 WILDHURST TRAIL SUBDIVISION PUBLIC HEARING 7:30 - 7:34 PM The Orono Planning Commission met on the above date with the following members present: Chairperson Goetten, Planning Commission members Sime, Rovegno, Callahan, McDonald, Kelley, and Adams. Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and Recorder Sutton repre­ sented City staff. James Phelan was present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Chairperson Goetten closed the public hearing at 7:34 p.m. since no one was present from the audience for this public hearing. Kelley moved, McDonald seconded, to recommend approval of the two lot plat application of James Phelan finding all standards of the LR-IB zoning district have been satisfied and that the property has been assessed two sewer units and sewer is available; approval subject to the following: 1.Future owners of Lot 1 must apply for a land use permit from the City if a guest home use is proposed for structure referred to as shed on preliminary plat. 2.Payment of park fee for newly created Lot 2 at $100. 3. Future owner of Lot 2 must have new access to site approved by the Public Works Department. 4.Sewer connection for Lot 2 must be reviewed prior to issuance of a building permit for new residence by the Public Works Department. 5. Sewer unit fee of $225 must be paid with building permit for Lot 2. Motion, Ayes (7), Nays (0). MINUTES OP THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 2 1872 BRBCKENRIDGE DEVELOPMENT CORP. 1200 OLD CRYSTAL BAY ROAD SUBDIVISION PUBLIC HEARING 7:45 - 7:49 PM Jim Kienzler and James Bartlett represented the Breckenridge Development Corporation. Zoning Administrator Mabusth noted the certificate of mr’ling and the affidavit of publication. Ci..»irperson Goetten closed the public hearing at 7:49 p.m. since no one in the audience was present for this public hearing. Chairperson Goetten asked the applicants about the existing sheds that are shown on the plat. Jim Kienzler stated that most of i nose sheds will be removed or have been remove-d already. Kienzler stated that the one concrete bui,;ing will stay and be used for storage. Kienzler nc'^ed that the rest of the sheds will be removed. Rovegno asked if this property was in the MUSA line. Zoning Administrator Mabusth stated that this property is outside the MUSA line and that the City must draft a resolution with special findings as to why this property should be hooked up to the exi sting sewer system since it is outside the MUSA line. Mabusth stated that the rural standards still apply to this application. Rovegno moved, Sime seconded, to recommend approval of the two lot plat application of Breckenridge Development Corporation finding all standards of the RR-J B zoning district have been satisfied and that the City approves a sewer connection tc exist ng metro gravity line based on the following findings: 1 . The sewer project was assessed and constructed in 1963 prior to adoption of Orono's Comprehensive Sewer Plan. 2. Stubs are provided in gravity line for new lot. 3. Rural standards still apply to property. 4.Courts do not support the denial of a sewer connection when properties are a'-^essed for specific sewer projects. 5.Property could sustain an on-site septic system if required. Such approval is subject to the following: V MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 3 #872 BRBCKENRIDGE DEVELOPMENT CORP. 4-u k..;1. Payment of a $225 sewer unit charge with building permit application. ! , PENCE ORDINANCE PUBLIC HEARING 9:50 - 9:51 PM 2.Dedication of right-of-way for County Road 84 and 51 as shown on plat. 3.Designation and dedication of 20* drainage easements along east and south property lines. 4. 5. Payment of park fee for newly created lot at $200. Access to new lot must be approved by Hennepin County Highway Department—access permit must be submitted with building permit application. Motion, Ayes (7), Nays (0) Zoning Administrator Mabusth noted the affidavit of publication. No one was pr isent in the audience for this public hearing. Mabusth stated that Council has requested that the fence ordinance be revised. Mabusth stated that Council wanted grade changes with height combinations addressed along major thorough­ fares and to determine if privacy fences constructed per accessory standards require filling limitations. Sime suggested that no fence should be allowed to go beyond the front line of the house down to the lake. Sime stated that the fence should be constructed at existing grade before development occurs. Rovegno stated that grading and fence construction limits should be considered in with total height so that the fences, trees, shrubs, or berms can be constructed or installed, but that the combination of both could not exceed the height of 6* above the crown of the road, so that the net change in the combination of fill and fence is no more than 6* above the crown of the road. Kelley stated that the fence should be constructed at existing grade and that no alteration in the grade should be made. Kelley stated that the fence should be constructed at the grade before development started but a fence no higher than 6* at existing grade. Callahan suggested not calling the fence an accessory structure and then you wouldn't have this problem. Callahan stated that it should be part of the code and list performance standards for fences rather than fall under the category of an accessory structure. Sime volunteered to check with other communities andUIl uv# ------------------------------- ^ 4. w ordinances • 4 MimiTBS OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 4 #854 ROBERT JOHNSON 1981 EAGERNESS POINT RD CONDITIONAL USE PERMIT Robert Johnson was present. Assistant Zoning Administrator Gaff ion noted that this application was tabled at the August Planning Commission meeting pending receipt of a survey showing all hardcover and an engineering report on the stability of the stairs and retaining walls. Gaffron noted that the City is in receipt of both the survey and report. Adams stated that he is concerned about the increase in hardcover on the property. Adams stated that the rip rap that was done extended out into the lake farther than what should have been allowed. Adams stated that it appears that work was done with the 0-75* setback area to increase the hardcover beyond the scope of the rip rapping permit. Adams stated that at the last meeting he noted the trees that had been removed within the 0-75 * setback area . Adams stated that this should be investigated. Chairperson Goetten stated that there is too much hardcover on the property. Goetten stated that some of the hardcover, maybe the gravel areas, should be removed. Goetten asked if the guest house noted on the survey is used as a guest house. Robert Johnson stated that the guest house is not used as a guest house. Kelley stated that the hardcover on the property is in excess. Kelley stated that he has a problem with the excessive hardcover, the guest house, and the rip rapping that was done. Kelley noted that the property should be restored to its original state before the work commenced. Zoning Administrator Mabusth stated that the applicant would need to file for a conditional use if that ’’guest house” noted on survey was ever to be used as a guest house. Kelley asked Johnson how many trees were removed. Robert Joi.nson stated three trees were removed but not within the 75' setback area. Johnson stated that he got a permit for the rip rapping. Johnson stated that he thought that the other work was covered under the permit that Niccum originally took out the year before. Adams stated that there wvre stumps with shoots growing out of them. Adams stated that the trees had clearly been cut. i MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 5 1854 ROBERT JOHNSON ^ 'V #870 GARY VALBNTA 1160 TOmiLINB ROAD VARIANCE PUBLIC HEARING 8:35 - 8:36 PM Kelley stated that maybe the Planning Commission should direct staff to have a professional forester look at the trees. Zoning Administrator Mabusth stated that if a professional needs hiring, that it would be at the applicant's expense, not the City's expense. Rovegno moved, Adams seconded, to deny the conditional use permit request of Robert Johnson to increase the hardcover based on the finding that work has been done without a permit and that hardcover is significantly excessive on the property and that such work would have required a variance, and Planning Commission recommends the following conditions; 1.That all hardcover should be removed which has been installed since 1981 which exceeds the code requirements. 2.If any trees over 6" in diameter that have been cut down are found within the 75* setback area, that the applicant be issued a citation and staff to take action accordingly subject to City code. 3. City places applicant on notice that the "guest house" noted on the survey requires a conditional use permit should applicant decide to start using this as a guest house. Motion, Ayes (7), Nays (0) Gary Valenta was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Chairperson Goetten closed the public hearing at 8.36 p.m. since no one was present in the audience for this public hearing. Assistant Zoning Administrator Gaffron stated that the applicant wishes to construct an attached garage and cannot place the garage elsewhere because of the septic system location and the topography of the land. Rovegno asked if the proposed location of the garage will compromise any future alternate drainfield site. Assistant Zoning Administrator Gaffron stated no that it would not affect the alternate septic site. am I MIMUTBS OP THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 6 •870 GARY VALBNTA I i • '4 ,Q 1871 WILLIAM MIELENZ 3415 CRYSTAL BAY ROAD VARIANCE PUBLIC HEARING 8:41 - 8:43 PM McDonald moved, Kelley seconded, to approve the variance for Gary Valenta to construct an attached garage 26* x 18* with a side setback of 22* and a rear setback of 60* finding the existing topography and location of septic system as hardships. Motion, Ayes (7), Nays (0). William Mielenz was not present. Clint Gables and Ms. Fandel represented Mielenz. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Chairperson Goetten closed the public hearing at 8:43 p .m. since no one was present in the audience for this public hearing. Assistant Zoning Administrator Gaffron stated that the applicant is request .. variance to construct a deck within the 7 5-250* set>* k jone. Gaffron noted that the garage that was bui It in 1977 in the rear of the property requires a long driveway and thereby constitutes large amounts of hardcover on the property. Planning Commission member McDonald noted that she lives in the neighborhood and that the drainage from this property is bad. Adams suggested building a swale adjacent to the driveway to correct the drainage situation. Adams stated that a trade of f in hardcover between the house and garage should be made. Rovegno moved, Adams seconded, to recommend approval of a hardcover variance in the 75-250* setback zone in order to constrict a deck 12* x 27* finding that the existing garage was constructed in 1977 and requires a long driveway thereby causing a hardcover problem, with such approval subject to complete removal of the equivalent 324 sf of gr?v^l hardcover around the house and garage and such v:'* 6nee not to be valid until drainage problems are solved on both sides of the subject property. Motion, Ayes (7), Nays (0). 4 i MINUTES OP THE PLANNING COMMISSION MEETING HELD OCTOBER 22, 1984. PAGE 7 1873 LEO CLIFFORD 4760 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 8:50 - 8:51 PM #874 DUANE BARTH 6 MRS D. JOHNSTONE 1810 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 9:03 - 9:46 PM Leo Clifford was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Chairperson Goetten closed the public hearing at 8:51 p.m. since no one was present in the audience for this public hearing. Assistant Zoning Administrator Gaffron stated that the Clifford's want their lot declared buildable. Callahan moved, Sime seconded, to recommena approval a lot area and lot width variance based on the following findings: 1. No other adjacent land is available. 2. Sewer is available and has been assessed for one sewer unit and footage. 3. This lot fits in the the pattern of the existing neighborhood. Motion, Ayes (7), Nays (0). Duane Barth and Mrs. D. Johnstone were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Chairperson Goetten announced that now was the time and place for the public hearing concerning a variance for Barth and Johnstone. The following were present for this public hearing: Don Peterson of 3' Interlachen Court Dave & Holly Biss of 1790 Shadywood Road Charles Pyle of 1820 Shadywood Road Mrs. Johnstone stated that she has always paid separate taxes thinking that someday they would be able to build on this lot. Johnstone stated that they have paid a lot more taxes because they are separate lots. Johnstone stated that they have paid the sewer and water assessments for this lot too. Assistant Zoning Administrator Gaffron stated that the lot was charged a sower lateral charge. MINDTBS OF THE PIANlilNG COMNlSSIOII MEETING HELD OCTOBER 22, 1984. PAGE 8 Callahan stated that the Planning Conunission needs to see the overall plan for both lots. Kelley stated that both lots have hardcover problems. Kelley stated that he too would like to see plans for the whole development. Rovegno stated that if they can build two houses meeting all the hardcover and other codes of the City# then he could look upon the application favorably. Don Peterson stated that this is a buildable lot which has been platted according to the building codes at the time it was platted. Peterson stated that sewer was subsequently put in and this lot was assessed as a bui3dable lot. Petersen stated that the water main was subsequently put in and again this lot was assessed as a buildable lot. Peterson stated that Mrs. Johnstone has paid taxes on this lot as if it was a buildable lot. Peterson stated that the City has changed the rules since this has been platted to require new subdivisions to meet the code# but does the City have the right to go back in and change the rules on someone that already has a platted lot under the old subdivision rules. Zoning Administrator Mabusth stated that the special assessments on a piece of property never in and of themselves declares the lot a buildable lot. Mabusth stated that the applicant was charged two lateral assessments because of the lineal footage of the property. Mabusth stated that the value of that lot is never assessed as a buildable lot# but assessed as a vacant lot as part of the improvements for the existing house. Mabusth stated that the assessor can break down those special assessments. Charles Pyle of 1820 Shadywood Road stated that he is concerned about the division of the lot. Pyle stated that everything on the south side of this lot is larger than this proposed lot. Pyle stated that there are several large trees that may have to be removed that concern him. Adams stated that the fact that the house :s on one lot and the garage is on the other lot creates a problem and suggests to him that it has been treated for years as a single lot. Adams stated that if this lot was platted before the City codes were changed he might feel differently. Mrs . Johnstone stated that she pays $1 # 500 in taxes for the lot with the existing house, and $1,400 for the other vacant lot with the garage. f MIMUTBS OP THB PLANNING COMMISSION MBBTING HELD OCTOBER 22, 1984. PAGE 9 Rovegno staLscl that 2,275 sf of hardcover would be allowed with no variances to hardcover. Rovegno stated that if tne applicant can place two houses on the two lot and meet the hardcover regulations and all other codes, then the Planning Commission would probably look favorably on the application. Chairperson Goetten stated that the Planning Commission would like to see the assessment history of the properties, the tax history, and the overall plan showing all hardcover. Sime moved, Adams seconded, to table this application to allow staff and applicant to bring in more information regarding the sewer and water assessment hi story and overn 11 pi an of the project. Motion, Ayes (7), Nays (0). APPROVAL OP MINUTES Sime moved, Callahan seconded, to approve the Planning Commission Minutes of September 17, 1984. Motion, Ayes (7), Nays (0). REPRESENTATIVE TO ATTEND COUNCIL MEETING '»5».Donald volunteered to attend the Council meeting of ^^i^ember 13, 1984. ADJOURNMENT 10:09 PM The Planning Commission adjourned at 10:09 p.m.