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HomeMy WebLinkAbout02-07-1983 Planning Minutes. • . ■ ;'ll jk:m "'m -• f m 1 ' “*'-■-•> . ..■■ >4l ■ *rjli-mm » -vy V: PLANNING CONMISSION MEETING COUNCIL CHAMBERS 7:30 P.M. MONDAY, FEBRUARY 7, 1983 *Ast«rick ItMBs ar« considered to be routine items to be encacted upon by one action by the Planning Commission under the Consent Item* on the * agenda. Discussion will be held upon request.f' ’f • iMU mV -:* ■■«T mM:ir* Council Representative e Mayor Mary Butler Call to Order PUBLIC H1ARING8 I i ' . V----; ■ •.!•. ■ M*-'*7MSm 1. 7:30 P.M. 9723 Ski Tonka, inc., 4520 Bayside Road - Preliminary lubdivision ^ ^>1- ■ f 2. 7145 P.M. #714 Bruce B. Dayton, 640 Old Long Lake Road - Preliminary Subdivision ’4 :h -f f ■ S' %>. ::h iv^^'3. VtOO P.M. 1726 t'tllim D. 6r«90ryt 1410 Sbor.lin. Dciv. Vacation PZVB NINUTS tiiCISO Action i <■ ■ a.*' . '14. #722 Ski Tonka, IncT^740 Bayside Road - Variance So^ #725 Bob Skinner, 3420 Shoreline Drive - Conditional Use Permit So #728 Gabriel Jal)l^ur^ 780 Tonkawa Road - Variance fiInformation Items V ife j!’,• A' 'y\ -: y ir^C, Select Planning Commission to attend Council meeting of March 14, 1983 ■VA ■ oval of Minutes ^'7 L-'W.X J? Approval of Planning Commission Minutes of DeceiM>er 6, 1982 • 'i: ■ *-A '2^ ■ fM :J -V . ra-5^..I". ■ :3k' .•'*•■* ' ■'•t. IP'; a rz -m.. «iV.- . : ■ Vi: ■ '■ ■ /. ’ r . -0 c.; V 0 -m p-"- Ik., A' '"'i'M iyV-'.; '.' ■■ v'llw ift yHi^H fe.V -/■ ...... • A *. • :Vv,;i TT • -Mum p-MM '«.;--;i.s.r,';:;yx:^<L^ ,. V/-' v-:J;:j-^j:;i'-.-v;/^ m.wm ■'< : City of ‘!^,y •177 mj^mm yyy'^'S-Ji,.-rr" ;-m wmms'7' ■v-'.\:'^r. ■'§Mmk ’ ' ‘ - .■•■.••• tr'dlU t3rp.li. ■ I'v •■- •gular Meeting of the Orono Planning Coroinissionr February 1, 1963. ISMiiifc l-#‘ ^ l^piPj • 7v ;W aV-^^;:7 C?v' -3is ■ # I ■ mme&I ": • ■ •> :•■■• i^*COiliBIIT AiQBMM i-V'fe. f '.. ■ j. Ji.....fllliilH la-„vs;ife; a™ myrnm The Orono Planning Commission met on the above date with the following members present: Bill Sime, Gloria McDonald, Charles Kelley, and as Acting Chairman, Diann Goetten. Absent: Chairmen George Rovegno, Ed Callahan and Lynn Adams. Also present: Jeanne Mabusth Zoning Administrator, City Planner Alan Olson, City Attorney Bruce Malkerson, Mayor Mary C. Butler, City Public Works Coordinator John Gerhardson, Police Cheif Mel Kilbo and Deputy Clerk Woytcke. *\\ '^ ' ■• -•■•..«c ■i .-^.k. ? • '"Tf ■ V- , t •j-'-. t'Vkat&j-ati-v;: ^,.. ■ V..-;. ...y ^ • -- ■«»*» .<.»■»<<:•■; V -''m' Due to the Public Hearings the Planning Commission decided to take a vote on the *Consent Agenda at this time. Kelley moved, Sime seconded, to approve the *Consent Agenda as presented. Motion, Ayes (4) - Nays (0). PUBLIC BBARIN68 wk.: «733 sm TONKA, INC. Si 452B BAYSZOB ROAD ^ PRBLININARY SUBDIVISION M •WT^ ■ ■ ■ : ■ .'- *' ig:V" ' • '^--'TaBSfty'-- •r-- • : mmmmm k Mr. Brent Primus and his mother Mrs. Lee Primus were present. No other persons of the public were present regarding this application. Zoning Administrator Jeanne Mabusth presented to the Deputy Clerk the certificate of mailing and the certification of publication.* Kelley moved, Sime seconded to approve the preliminary subdivision of Mr. Brent Primus at 4520 Bayside Road per the following conditions: 1. Applicant execute a flowage and conservation easement over the designated wetlands area. 2. Access to lots shall be as approved by Hennepin County Highway Department in their letter of January 27, 1983. regular SnNG OF THE ORONO PLAHNI«G COMMISSIOH, FEBRUARY 7, 1983 % P J -2 V?': o'? "’f <\ , Tf i«t 1 Is to use the alternate septic site at3* I* ^ ^vlstlnci well roust be some future „ „eii site found on theabandoned and a new wen property. 4. To and*"that If the rlght-of-w^ayj;^^^''. ^ g , need for the additional^ right-of-way the additional iiSS?ss3 1^' <’ " ' m :E> ■-i^fc ■■.:': K'v:;^ ^ '-; •’** * ".' •■ ... ■ «mm- S:isr;. ;i /.» sr-irc-r.;;..?. - 40* width. S park dedication fee of $200.0« (“'h u;dev2Ioped lot 8 8100.M) * 6. setbacks for *°°“fppiJ*^/nt'*ls'**advlsed the required y^nU be used for the that these meet the required 'JtJ?'"ltback‘”fro« n%wl/created lot lines.^,r0?‘sSt\Vc"k^”-rn%ir/« Motion, Ayes (4) - Nays (0). #724 BRUCi B. „ V Mr. Ned Dayton was Pt.»s>'t to represent Mr. Bruce Dayton in this application. Mr. and M^s. 5"j;J*^^ir^PPl‘ica?iorna?tnq rt^y present regarding this PP t|«ar for rems’‘e'l*v- t^u-^Vo-^J this subdivision. Zoning Admlnl^rator ^^j*^^j„5**<!|I ’r’tlflcate of lining and ’thTc«^Iflcatlon of publication. m . m.. ^ Vlt AMmI After reviewing the Mabusth re^ Coroiiilsslon, Icatlon for the roeroberiviewed the proposed applIcation ro stated rustic state, conditions. 1. Applicant ®V:fttana^\%Td..‘ T62"e*Uv«ton^r :irv.y dated - revised January 19, 1983. , “n ’Km --K' 'r^. i- ■ .■ -• .■■ •• >““ .•.- » REGULAR MEETING OF THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983 PAGE -3- ‘f . ^ -T ' 2 If Outlet A is developed In the future current standards for rural development. 3^ The City will ask for an underlying road and utility easement over the road outlet. 4. The applicant must execute a maintenance agreement to assure the upkeep and maintenance of the private road. mmmm Payment of a park fee determined as followss Lot 2 @ $200e00 Lot 3 0 $200.00 Total of $400.00 Mbtionp Ayes (4) - Nays (0). mm ‘ ?.•;■; 1/ |72€ iflLLAlN D. GRBGOHy 1410 8H0RBL1MB DRIVB VACATION m r-i- -:•• "v ■•u ■A S-V ••••,> ■r. A list of thl^ persons attending baring is enclosed for the record. this I - . ..\jS®. '’'. ■■■■' ■■■■ -i." n ••• • *. ,vVi --r ■■V:v ' WrV S.5 • - * * s piK’:m2 ■■ ‘M m 1^';- j Bii Acting Chairman J. Dlann Goetten at this time no decision would be rendered tonight. ^ Mi! ■ i ■ ;;.■;«(■? -A i Vi- :A fe' wm-i»sSSffiSi \\ :.:.C- BrXB'cM wm^r\ . :v ■ B .w B-rXi - ■vr’m-|«5f [i ^ "u -y*.*'.’■•* .. ;* ' • ^ '• W B. IWK:y» Ws&ipW , > •i'-3 I •-V- mrnmm ■ ... yjj'BlB, 5i5U ‘4, ..."». He reviewed the original platting of t*** of Orono in 1887, and the subsequent vacations of the plat of Orono in 1899 and again *" *'*^*', both cases, -Brackett’s Avenue- vacation -as the same is a County road. rae applicants William Gregory and ®^»id Mf ere suMividing their property and need to defl^ne the areas within the highway right of way and ‘•'• areas that will be platted as private lots ^ They are claiming ownership of ‘•'* ^om as Molly’s Corner and the Sh«*Vl!, ?! B?Swn’s Bay along the shoulder •/ based on their i.vacations. The question for the City to decide IB • '.• y l-x ■ B '-H [rX yymc:M ■ -sl'ci' 4 ft-'* ■>/-:. :Bi.:;;.^}.:^:^;;:;5 • :-.s •• • • « REGULAR MEETING OP THE ORONO PL-^NING COMMISSION FEBRUARY 7, 1983 Page -4 ' * "** '.V' * ’ '* * ■. %’'■■, •• .* • ■•: ' ■ .■■■-• '. ■'►•I' -V : 5r mmmmm. Ww&mmmmmiB| '’.. ''liliriri....... --v-^.-..^--i--Ta ii. ...... ; --i" ■•:- - v:■'•:.•:■•■■■/; ■- .;v\ :..v.iu';.^,^^'-.i' ■ ¥-.i- .■ ^: ;v:■'V'^>;^.vi'iSiafe V y ■ V . . ^V%vif;::: ^ I ^ ■ •*• ■:. *•• ■•■•. 1*MiSillii ti'jiw:.-:-': EB. ■-•■ ■ : • - >;■ Wr'r^ '-I-'-- , . -V ^.: ;v.---' W'Wms$m Vv,'■<•: 7 ■••v^:- -;<V:>^.v^- :.^•-i;^:^ >: ;-r • ' ' 7 yy'■7-w:-j7 7 7f,-; '‘7 77.:. : -^v: .vr7: 7 :.,K-':77-7fV.aMi ■ ;Vjv:7 :•>• 7;> yy > liP$«t:57 :77^C'-V',s::'7i*a «at7:iiii M-0 i ; ;' ';, • ^.,; ;j .77 y>y = v ; ;; • y V: 7 =7.1' - ':;^ yyjy'Si IBK"'' o .’i' • '7- ■ ■■ 7 > ‘i!i.;. 7..vJb : • y>- pic’-llS whether or not that part at Brackett's Avenues;:s..“ tr».“.*.cn:;;"’J°f. r. r. x,r: public purpose in the area now or not. Larrv Berg, attorney for the applicants then sta^V^d his client's position stating that he felt th^re was a question about the prior vacation but in any case they seek vacation of the area at this time for health, safety, and welfare reasons. Public use of the area is troublesome because of the irresponsible few. Mr. Gregory won't build his house on his property if this area is not closed. He is worried about trespassers and vandalism. His neighbors blame ^ problems they have and have threatened to sue him. Berg stated that they wish to <:\ose the area by planting shrubs and building 1®.'' ®*the berms. They have an unwritten easement from the railroad to control trespassers using the railroad trestle for fishing. ^*^bey have an agreement with Hennepin ^®®"ty that the county will agree to the vacation and to a width of 60 feet with a 3 foot easement each side, and a narrower width at the Duff property. Planning Commission member Sime *®bed ^y has the area been used by the public for so long if it was private property? j|« Berg stated that although *“••••"'*•'•, public have unquestionably used the •*?•,**' tl.e, no one has cone toward to ol “‘" individual right to do so. The P»®P**^y Ux parcels and we did not know which «»"• where-we almost lost one Pl«°* 5*®*“** »?? |S! statement went to the wrong •**^*®** “"l^U county notltled us it night go tax forfeit. Mr. Berg also stated that his clients bro^ht the action to vacate Brackett's Avenue since the people using the property have not P®‘** and his client Mr. Gregory has because that 1 • bo the property is drawn on the county plat naps. Former Mayor Van Nest asked tot the time and stated he felt it would be a ■•»•»• «* property like Molly's Corner to get if the local community and into the control of the DNR and the State. Van Nest is a member of the Lake Minnetonka Oie Task Force, a group that is to study the use o like and the ivailabllity of the resource to the general public. | v- ■ W . REGULAR MEETING OF THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983 Page -5 /• t m 1^ wmmm i : J '■{■. ■•:. ■ *7- - ’ >■ t: ^ • -vj-i i;[ H-ls*f This issue is just the one the DNR has been waiting for so they can justify their claim that local residents want Lake Minnetonka to be a private lake. The Task Force has eyed the vacant Hamm property here at Molly's Corner. I have discouraged this because the parking area is here now. But if the neighbors close this, if they don't get together and keep local control, I predict that DNR will come in and take it without regard for the City or the neighbors or traffic safety or anything. - ■ "a Mr. Berg has just spent half an hour demonstrating that no one really knew who owned what, for as long as I have been on the lake this area has been publicly used. The City must take a stand. We need to find some way to protect this area and others, to maintain access to the lake that has been publicly used for so long. As for part of the parking lot being on railroad right of way, when I was Mayor I had many meetings where the railroad said they might abandon this track. If they do this parking area and the right of way would fit together perfectly as a trail and access to the fishing area on Tanager Lake. ‘ a i • Ik ' .. . . . .■*- v::* I:: A- -/■'y;:' V i-"., .s - :>-’v . uM-y ..mUM Mrs. Linda Capp, 1465 Pox Street who lives just north of the property stated that she felt it did not matter to the DNR, the City, and the fisherman that her property is littered with beer bottles, trash, and other items, that it did not matter that she had to keep her own son away from this place because of the people threatening him, she also stated that these people will grab her dog and request that she pay to get it back. She says she knows she should not do this but she does. §mm I-mi mMm-i % my.\ ■I - - y .4 Mrs. Capp complained that she doesn't see anyone taking care of the area. I think we must work together to clean it up. Control of the area is out of hand. Last winter the County plowed the area and maintained it beautifully but this year it is not a pleasant place for the people %#ho use it. There is a junk car there since December. In 1980, the contractor for the Areola Bridge used the area for his sandblasting equipment. Somebody must take responsibility for the area. I think it should be Gregory. Van Nest stated he felt the property should be kept as is and the City should take the responsibility of maintaining it and regulating use of it. A REGULAR MEETING OF THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983 PAGE -6 Mrs. Capp said that she would rather see Mr. Gregory be responsible for this piece of property as she was not impressed with the City of Orono. Mr. Larry Berg, attorney for the Gregory's stated at this time "We are trying to protect people so they can sleep at night and wake up in the morning instead of worrying about dying in a fire. We want to eliminate a situation that is troublesome to the surrounding property owners. There have been fist fig^^ts and vandalised boats and cars." City Attorney Malkerson asked Berg about the agreement with Hennepin County# when wil^the County Board act on it? ^ Berg stated that it was still in the right of way department but that he would be sending them documents to sign soon. Olson stated for the record that the City staff believes that no part of Brackett Avenue has ever been vacated or was ever intended to be vacated so the question is not adverse possession of the parking area# but is a question of should this be vacated now or not. However # there is no question that part of the parking area is on railroad right of way# and that Mr. Gregory does own a small triangle of land which was Block 18 of the Orono Plat. Olson said there is a fact question about ownership of the shoreline since the old public reserve in the Orono plat was vacated# but that a good distance of the shoreline was apparently not in that public reserve but in fact was created after 1914 by construction of the new county road on a new alignment. And this area is maintained and rip rapped by the county to stabalise the highway. .. a• -L. .w .1- Olson also stated that the application by Gregory & Duff does include vacation of narrow strips of highway right of way along both shoulders. That if Gregory is relying on the county plat map for his claim to that part of the parking lot which was Brackett Ave, thathe also must recognize that the same county plat map shows a full 68 ft wide highway right of way# not 55 or 60 feet. -^^0^ Planning Commission member Sime asked Police Chief Mel Kllbo about traffic safety and the problems raised with the parking here. REGUALR MEETING OF THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983 Page -7- Kilbo said that in his 8 years here there have been no personal injury accidents attributable to the parking lot or the parking in this area. There have been 5 to 8 Pi's east or west of the area but those have been caused by speed and/or DWI's. He went on to say that if this parking area is closed that come opening day there will still be 150 fishermen coming here and from his experience other years they will park somewhere on other streets and on private property and they will E' continue to fish here and on the railroad trestle. Also, if they Jo park on private property his men can't tag or tow the cars, that this would be the responsibility of the property owner. %.i;- M; #722 Sil TONKA, INC. 474t BAYSIDK KOAD VARIANCE •ip.'.v'-'V/yaife' Nr. Gabriel Jabbour asked if the City could even consider vacating any of the shoreline based on previous court rulings. City Attorney Malkerson stated that the Minnesota Supreme Court says in effect how can it possibly in the public interest to vacate shoreland.^ Jabbour stated that therefore this area has to stay public and if there is a traffic problem, this road has been designated a scenic parkway so the City and County should consider lowering the speed limit.iP-■ ■ A Senator Gen Olson was present and she stated "There is an extremely strong and very retaliatory belief of stereotype in the legislature that the people along Lake Minnetonka want to keep it private and are just waiting for an indication that this is so. Brad Van Nest has not overstated the emotion of the legislature.” Van Nest stated to Mr. Gregory that he understands his concerns and the problems, but that the timing of this application was incredibly poor and that if this area is closed the problems won't go away, they will get worse because there will be no local control. Hearing no further public comments. Acting Chairman Goetten then stated that this public hearing was left open and continued until the next Planning Commission meeting on March 21, 1982. m Mr. Brent Primus, Mrs. Lee Primus, and Nr.an^rs. *■ 1'.^ 'fiA REGULAR MEETING OP THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983 PAGE-8- Dunn were present regarding this variance at 4740 Bayside Road. Planning Commission members felt the circumstances surrounding the ownersh p o subiect lot would prevent their asking for 100% satisfaction of all RR-IA lot standards. The Dunns and Ski Tonka have worked out a purchase for a land corridor to the north and west of the lot. Staff has confirmed that this area is adequate to handle all future septic and building expansion peeds. To ask for an addition of 1 ««• would be a financial burden for the Dunns and require needless charity on the part of the applicant. ^ Goetten moved, Sime seconded, to approve the lot UKiKn .■». X, cXinr: vxnr;‘:parc.l to be combined with the property located at 4740 Bayside Road, this subdivision and combination will now bring the property up to 1.3 acres. % 2. Acc.ss to th. larger parcel sKall be via McCulley Road. ' . j^.Ar ^ 3. The o%mers 6f the subject properties * condition of that subdivision ® deed 33* of right of way to Hennepin Countv. Hiohwav Department. Motion, Ayes (4) - Nays (0). like to make to the property. McDonald moved, Goetten seconded to conditional use application Kothers and to submit to the planning commission by March 1, 1983 the following items: ' ■ (■ * . • • - • . • III II ' iTi IIaiy TilBWflllliMinTi I'ti : . ■ T' ; si *.>■R*i '^■^vr-y-r^'.v * •• •• ^;o'. V • -• REGULAR MEETING OP THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983 jig-. ■ 1. Application signed by Mr. Skinner and the |>roperty owner Mr. Bcklund. 2. A letter from Mr. Ecklund In support of Mr. Skinner's proposal. •V; Vw::"' : h ^■ 3* A revised site plan (use 1" * 30' scale)» showing the access dlrve to municipal parking lot, parking stalls, location of outdoor eating area. Motion, Ayes (4) - Nays (0). m- #728 GABRIEL JABBOUR 788 TONKAMA ROAD VARIAMCB :'y^ Mr. Gabriel Jabbour ^s present regarding his variance application. nx- McDonald moved, Slme seconded, to approve the varalnce application subject to the following findings:m- li r >1 T ■ f • r,[ ; • i' Wr :^ ■ r L. r^.K 1, that the proposed location will not dsstJfOY any mature trees. . 2*’- that the locatiofT^would not Increase hardcover within the 75' to 250* area. ■4 \'-r^■r'.M mWiXM i^;r: 3. the structure does not creatb a traffic hazar and the door faces away from Tonkawa . . .Bm EXX -4 * • 4. Mo Other variances are need^. Motion, Ayes (4) - Nays (0). :?. i-!^r.' 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