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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'
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Council Representative e Mayor Mary Butler
Call to Order
PUBLIC H1ARING8
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1. 7:30 P.M. 9723 Ski Tonka, inc., 4520 Bayside Road - Preliminary
lubdivision ^ ^>1-
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2. 7145 P.M. #714 Bruce B. Dayton, 640 Old Long Lake Road - Preliminary
Subdivision
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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
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Select Planning Commission to attend Council meeting of March 14, 1983
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oval of Minutes ^'7
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Approval of Planning Commission Minutes of DeceiM>er 6, 1982
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•gular Meeting of the Orono Planning Coroinissionr February 1, 1963.
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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.
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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
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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
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, 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
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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. „
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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.
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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
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REGULAR MEETING OF THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983 PAGE -3-
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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.
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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).
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|72€ iflLLAlN D. GRBGOHy
1410 8H0RBL1MB DRIVB
VACATION
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A list of thl^ persons attending
baring is enclosed for the record.
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Acting Chairman J. Dlann Goetten at this time
no decision would be rendered tonight. ^
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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
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REGULAR MEETING OP THE ORONO PL-^NING COMMISSION FEBRUARY 7, 1983 Page -4
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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.
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. REGULAR MEETING OF THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983 Page -5
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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.
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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.
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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.
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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.
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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.
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#722 Sil TONKA, INC.
474t BAYSIDK KOAD
VARIANCE
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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-■
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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.
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Mr. Brent Primus, Mrs. Lee Primus, and Nr.an^rs.
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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.
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2. Acc.ss to th. larger parcel sKall be via
McCulley Road. '
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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:
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REGULAR MEETING OP THE ORONO PLANNING COMMISSION FEBRUARY 7, 1983
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■ 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.
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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).
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#728 GABRIEL JABBOUR
788 TONKAMA ROAD
VARIAMCB
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Mr. Gabriel Jabbour ^s present regarding his
variance application.
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McDonald moved, Slme seconded, to approve the
varalnce application subject to the following
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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.
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3. the structure does not creatb a traffic hazar
and the door faces away from Tonkawa
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4. Mo Other variances are need^.
Motion, Ayes (4) - Nays (0).
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COlIlKtL RifRBSBNTATlVB
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Mr. Bill slme was selected to be the council
representative for the month of March
AOJODRIUlEliT
Slme moved, McDonald seconded to adjourn the
meeting at 10s22 P.M.M,.
Respectfully submitted
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