HomeMy WebLinkAbout01-17-1983 Planning Minutesm
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PLANNING COMMISSION MEETING
COUNCIL CHAMBERS 7:30 P.M.
MONDAY, JANUARY 17, 1983
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*A8terick items are considered to be routine items to be enacted upon
by one motion by the Planning Commission under the Consent Item* on the
agenda. Discussion will be held upon request
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Council Representative - Timothy Adams
Ordere£m1* Consent Agenda*
PUBLIC HEARING
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8. 7i30 P.M. 1*^,1718 -^T^ 745 opting Hill Road
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Preliminary SuMivision
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3. #653 - Scott Goldsmith - 245 Old Crystal Bay
Final Subdivision
* •) Resolution
bl^Reconsmndation concerning applicant's amen
.. standard Flowage s Conservation easement
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4* #715 - Victor E. Norton - 3580 Bayside
Preliminary Subdivision•4 .
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y 5. #720 * Doug deNalignon - 925 Millow Drive South
After-the-fact variance
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#722 - Ski Tonka, me. - 4740 Biyside P^SdMiVariance
Work Session
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|. 7. *723 - Ski Tonka, inl; - 4520 BayAda Roadf
^Subdivision >
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8, #724 - Bruce B. Dayton - €40 Old Long Lake Road
Subdivision
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Information Items 'I ky:y^3&y-
Please note: The next regularly scheduled meeting of the Planning
Comnission ie on Monday, February 7, 1983
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1983
dssion member to attend Council meeting of February 14,
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Approval of Planning Commission Minutes of December 6, 1982
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CITY OF ORONO
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Regular Heeting of the OrOno Planning Commission,
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January 17, 1983
7:30 P.M.
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'-ir r’ ; *'>-CONSENT AGENDA*
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The Orono Planning CommissiOh met on the above date
with the following members present: Chairman Rovegno,
Members Goetten, Kelley, McDonald, and Sime. Absent:
Members Adams and Callahan. Also present: Zoning
Administrator Mabusth, Council Representative Adams,
and City Clerk Strom.
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Member Goetten moved. Member McDonald seconded, to
approve the consent agenda*. Notion, Ayes (5) -
Nays (0).wmy
PU8LXC HEARING
Preliminary Subdivision
#718 - Thomas Crosby
74S ^ring Hill Road
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Chairman Rovegno announced that now was the time and
place for the public hearing to consider the application
of Thomas Crosby, 745 Spring Hill Road, for a sub*
division. Zoning Administrator Mabusth presented j|;
the Affidavit of Publication. Chairman Rovegno closed
the public hearing at 7:35 P.M.
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Nr. Crosby was present to answer questioiii «^oneerning
his subdivision. ^
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i'l:Msinber Goetten moved. Member Kelley seconded, to recom
mend approval of the metes and bounds subdivision
fcr Thomas Crosby, 745 Spring Hill Road, subject to
he following conditions:
Nr. Crosby must grant an access easement in favor
of newly created parcel.
2. All shoreline setback standards will apply for new
construction•
3« Payment of $100 park fee for newly created parcel*
Motion, Ayes (5) - Nays f0|.
RESOLUTION*
#053 - Scott Goldsmith
245 Old Crystal Say Road
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bten moved. Member Ncnonald aoconwa, ««
ipproval of the resolution approving the
lire Addition for Scott Goldsmith, 245 Old
f Road. Notion, Ayes (5) * Nays (01.
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#lafinln9 Commission Meeting of January 17, 1983
FLOWAGB ft CONSERVATION
EASEMENT - «653
Scott Goldsmith
245 Old Crystal Bay Rd.
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Scott Goldsmith was present to explain to the Planning
Commission his reasons for amending portions of the
flowage and conservation easements for his subdivision
at 245 Old Crystal Bay Road.
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Member Goetten moved. Member McDonald seconded, to
recommend approval of the amendments to the standard
Flowage and Conservation Easement, except for the two
noted in the Zoning Administrator's memo dat?4 January
11, 1983, as follows:
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C. No earth, loam, peat, gravel, soil or any other
natural material or substance shall be moved or removed
from the Land and there shall be no dredging or excava
tion of any nature whatsoever or any change of the
topography of the Land without the written consent of
Grantee, which consent shall not be unreasonably
withheld.
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2. Grantors hereby grant. Quit Claim and convey to
Grantee, for so long as this easement for natural
flowage purpoies is necessarvT a perpetual flowage
easement and right andk privilege to trespass with water
mmriI-over and upon any or all of the land, providing that
such easement, right and privilege shall not include
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ariificlal increase, redirection or channelling c?
waters.
W.Motion, Ayes (5) - Mays
FRBLININARY^SUB-
DIVZ8Z0M - #715
Victor Norton
3580 Bayside Road
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Mr. ft Mrs. Norton and Mr. Balgaard were present.
Zoning Administrator Mabusth explained this new type
of division. Member Goetten inquired how many feet of
lakeshore was involved? Mabusth stated 4004*. Member
Kelley questioned the proposed sise of the newly created
lot. Norton stated that that was all that Balgaard
needed. Discussion included the location of the new
lot line, the possible encroachment of neighbor's dock
to the south, and the possibility of another division.
Die Planning Commission asked Norton to divide the lot
in half so to discourage any greater use of the shore
line on a Bay that has severe environmental limitations.
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Chairman Rovegno moved. Member Sims seconded, to deny
the subdivision request of Victor Norton, 3580 Bayside
Road, due to the density of Stubbs Bay, the potential
for a future subdivision is there, and to protect the
public health and welfare,
(Continued)
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Planning Conunission Meeting of January 17, 1983
^ Discussion followed whereby Mr, Norton was willing to
^ iitove the lot line further north approximately 30* but
< no luorc than 50'.
■ W Chairman Rovegno withdrew his
withdrew his second.
itioh. ^iember Sime
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'Chairman Rovegno moved. Member Kelley seconded, to
recommend approval of the metes and bounds subdivision
for Victor Norton, 3580 Bayside Road, to create two
independent riparian outlets for the sole purpose of
riparian use based on the following findings: _
1. Bach lot has sufficient shoreline to permit the
construction of a residential dock per standards
of current zoning district LR-IA, Lake Minnetonka
Conservation District and Department of Natural
Resources.
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2. Each lot has sufficient depth to permit safe ui#.
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3. The newly created riparian outlet will be 66*
from the future oimer's homestead lot.
4. There is navigable access to the newly created
outlot.
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iShich approval is subject to the following conditions':
1.No new accessory structure/sheds shall be
constructed on ne ily created Parcel B and Parcel A
except for a residential dock and lock box.
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3.Upon approval of the division, Balgaard and Norton
shall file special lot coiBbinations with the City.
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Parcel B may not be subdivided in the future.
Parcel A according to current zoning standards and
the criteria deteraiined for this review may be
divided again to create another riparian outlot
and this condition must be filed against the chain
of title for both property owners.
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The proposed use of these riparian outlots shall
be subject to the pertinent standards of the Lake
Minnetonka Conservation District, Minnehaha Creek
Watershed District, and the Department of Natural
Resources. ^
The Planning Conmission once in states for tha
public record the City's position on dredging to
provide navigable access to a property. The City
will not support a future Mintenance or new dredg*
ing application to provide navigable access to this
property basec^ on the special environsiental concerns
of the Bay. ^
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Continued!
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Plahnin^ Commission Meeting of January 17, 1983 Page 4
mm.6. Norton and Balgaard are to advise the Zoning
Administrator by February 1, 1983, as to the
desired lot line realignment 30', 40', or 50'
Motion, Ayes (5) - Nays (0).
VARIANCE - #720
Doug deMalignon
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Mr. & Mrs. deMalignon were present to discuss their
variance application with the Planning Commission.
Steve Wilson, attorney for H. R. Johnston, was present
and stated that Mr. Johnston was in favor of the
variance as requested.
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Member Kelley stated that he was not in favor of the
fence. He felt that the trellis was enough. The
deMalignons showed the Commission pictures of their
property that is planted^with many types of flowers.i:
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Member Kelley moved. Member Goetten seconded, to
recommend approval of the after the fact portion of
the application of Doug deMalignon, 925 Willow Drive
South, permitting the 6* high trellis located at one
point within 3' of the right of way of the road outlot
to remain,based on the following findings:
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The granting of the application is necessary for
the preservation and enjoyment of a substandard
property right of the applicant.
2.The granting of the variance will not inqpair the
public health, safety, comfort, morals, or general
welfare.
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3. Undue hardship for the applicant to replant the
many plantings dependent on the trellis.
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*jMiis approval is subject to the following conditions:
1. West access to be closed off by April 1, 1983. ^
2. Sections of trellis located less than 3* from the
edge of the road right of way must be relocated.
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3. Planning Commission would strongly suggest planting
for screening the trellis,
Planning Coasassion denied the proposed 6* high privacy
fence portion of the variance application based on the
foU«.in9 finding.1 ^ ^
1. Applicant failed to demonstrate sufficient hardship.
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2. Closeness of privacy fence to road right of way
would create health, safety and welfare hazards.
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Planning Commission Meeting of January 17, 1983
3.The granting of the proposed var
contrary to the intent of the C
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Use Plan and the Orono Zoning Codi
Motion, Ayes (5) - Nays (0).
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Zoning Administrator Mabusth reviewec
Commission the history of the Ski TOi
Brent Primus and his mother, Mr. & Mi
Mr. & Mrs. Achey, 4720 Bayside Road,
^ Mr. & Mrs. Dunn, 4740 Bayside Road, \
about the location of their septic ay
did experience problems with the old
pp:npi
and want to be assured of adequate ai
needs.
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Chairman Rovegno moved. Member Kelley
the variance application for the Ski
4740 Bayside Road, and to request the
submit a survey of the subject propel
staff in locating all improvements c
also, that the Dunns and Primus get t
to work-out a solution as to a land f
iMotion, Ayes (5) - Nays (0).
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