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HomeMy WebLinkAbout03-21-1983 Planning Minutes* .. * J5-. k" X ? ncmm ^ ji' ••. : ''.<■ v^O: >;, ■ mt'mm -, V . • I-I |v... -fl..v' ' > •»• - PLANNING COMMISSION MEETING COUNCIL CHAMBERS 7:30 P.M MONDAY, MARCH 21, 1983 Mi •: .'■1 1J :i t?} ' # v. ,. Council Representative TO ORDER Thomas Frahm . '^IW- F“ PUBLIC HEARINGS W Hr- tg;:' , <:Mk,£m 1. 7t30 P.M. - #714 - Richard M. Keaveny - 3405 & 3425 Shoreline Drive - Preliadnary Subdivision 2, 7*45 P^M. - #727 - Richard M. Keaveny - 3425 Shoreline Drive - Rezoning 3* tiOO P.M. - #726 - William Gregory - 1410 Shoreline Drive - Vacation P2VB MINUTE RECESS ' ^ # Nor •i i 4. 9*00 P.M. • #734 - George Steiner - 700 Sixth J^enue Subdivision ACTION ITEMS «p‘ m--^v. -. -"»l lii?l 5, .gljj|725 ** Bob Skinner -> 3420 Shoreline Drive - Conditional Use Permit 6. #730 - Kevin Rolf - 2700 CaSCO Point Road - Variance HP" r • ■ ' im. fe -vVif.7. #731 - Charles yer - 477 Park Lane - Variance t; #732 - JamsiiMngoske - 875 Forest Arms Lane - Building Permit Review % 9. #733 - Joseph R. Lofrano - 3365 Crystal Bay Road - Variance m Select Planning Commission member to attend Council meeting of April 11, 1983 APPROVAL OF MINUTES < i ■r^--* = 10. Approval of Planning Coamdssion Minutes of Februfry 7, 1983 A mymm' >4 imm. :wo'~F^: ,* ', * ■' : .. • . ■.• •••.* .«. ,; mkd • • ■!*, ' PLANNING C 7. ■;•• •■ .. ‘r:-'**' r'■• ISSION MEETING OF MARCH 21, 1 v'-" IPS .p ■W I.A: : Page 2 11^ mm m ■**^ . m 'M iliai:;: vJ'^-inHES? Wmi S'; . ■ ■ irniiiiik&X^m:- -Sm ■W V LSsu^ - ^ <• VS5, ■P1B.V-- ymi b '•- •• ’.• ; V:b . : •-im "■-■ >' . !•-• •.'; . . ■^■V'. '. .. -■^’ .-v' r:-'- • .'^■v -y.t Wy-Mr ■ '■■•. i-i *v/... • . t ^ ,:. . 7 > :!V Zoning Administrator Mabusth presented the Affidavit of Publication and explained the reasons for the rezoning request. Chairman Rovegno closed the public hearing at 7:50 P.M. ./ Member Kelley moved. Member Goetten seconded, to approve the request of Richard Keaveny, 3425 Shoreline Drive, for a rezoning of property legally described as Tracts A & B, RLS 1422 from B-3 to B-1, based on the following findings: :4^ 1. The proposed rezoning is consistent with the physical development of the Navarre business district as setforth in the Comprehensive Plan. 2. The proposed rezoning will be in the best interest for the physical development of the city- -m 3. The standards of the B-1 zoning district are > more feasible in the commercial use of the two- • acre property. mmNotion, Ayes (7) - Nays (0).m-:■KV ,J‘\ :r mm At 7:55 P.M., Chairman Rovegno reopened the public hearing concerning the subdivision request of Richard Keaveny. ^ -v; ,.c - •■ --.m ' ■■ ■' r. ■ ■mM:-- Discussion included items #5 a |7 in the Zoning ^^Administrator *s memo which concerned the loading area on Tract A and the underground gas tanks. Member Adams moved. Member Sime seconded, to approve the subdivision request of Richard Keaveny with changes in item |7 that deliveries to the Liquor Store be only on the east side. Discussion followed. -I ■.■'■• l' m r v;-:^l! ■4l’ - . , •'■ ■• \ •; to amend the above motion to also include that Mr. Keaveny must remove or make safe the gas tanks immediately. Member Adams withdrew his motion in favor bf Member Callahan's motion. ^ mm vV;w - • lr= ■-Vv.:' PLANNING COMMISSION MEETING OF MARCH 21, 1983 Page *i ■■ ':■ I . ' ••'' • ••. ■ - ^ Motion on amended motion, Ayes (7) - Nays (0) Iteifli "(4_m0*M ..........* ■■■'wn ,;V >:* .1; 1 •:•■=' • ' ••v' SrSVAjM V m. ^ Wk mrnmm^iimmi 1 Lot lines be adjusted on the preliminary plans designating a 5* setback for structure on Tract A and 20,000 sq. ft. in area for Tract B. 2. Future owner of Tract B must apply to Hennepin County Highway Department for access permit. « -m%3.Payment of park fee of 8250 for Tract B. rm m •Ci^iaSS?- ■■ M 4. Tracts A S B have been assessed sufficient sewer and water units for the existing usage. Future owner of Tract B must connect to municipal water system. ^ ^ 5. The loading area on the east commercial structure on Tr«ct Amust be re^ or owner of Tract A to acquire easement over Tract B for loading use. • ?. 3- appU?atiin^"requ^sU^^ ^property fearr-' immediately.MBe-UK Motion, Ayes (7) - Nays (0) jV '.i-Ui ■> ‘:x: ■■: ’-v^’; / ••id t- ■■•I'■ . * . PUBLIC HBARIII6 1410 Shoreline Drive #720 - William Gregory Vacation Ti'r 'iW;v':.:;:-^;V:,; v-f, r-. : = IS-:;- v^. • :; •• •.•?--K ^3«giS msm si: .v3 ;, At 8:05 P.M., Chairmancontinued public hearing concerning the request of William Gregory, 1410 known ^^•'iSoriy*V^VoXr*! CUy* «t.n p?...nt.d th. Cttlficat. of Mllln, that th. public haating notle. had •»••" P“^ In th. Lak. Mlnn.tonHa Sun •‘•''•(“P"Affidavit of Publication was forthcoming. ':m city Plann.t Ol.on tevlawad with public pc.Lnt th. history and pres.nt status of Mol.y s «jir*.7T—,* •-.« H *1 ‘‘-j^ . ^* 4'A v.-,:=-^ '.:* i •;;• ;■ • V: •:• ^.. . . '.-<. f 7 }#,•■■•: :(V mm iLii ifili • 7 mk:.- *■ . ••-, ■• ■ ^ f5?.:'V-h 1-r-. / I ' <ri W- ■ ■ ■■:. ■^4 •i . !.'--.-2.M •r*,% PLANNING COMMISSION MEETING OF MARCH 21, 1983 W r» Page K'>ii '-fi! • ^«. ii Corner parking l<^t and the request of Mr. Gregory for the vacation of Bracket Avenue. The purpose of the application concerns a determination of what should be public and what should be private when Gregory's land is platted. Mr. Larry Berg, attorney for Mr. Gregory, and Mr. Larry Guthrie, attorney for Mr. Edward Hamm, were present. Mr. Berg explained^the Gregory's position and desires. Mr. Newell Weed, 1385 Orono Lane, requested having the area described in more detail so that he would have a better understanding of the matter. Mr. Olson then described the area in question to the public present. •. Planning Commission Member Goetten stated that she was an adjoining property owner and verified the public's comments that the area has not been properly maintained but would like to have a decision that would be fair to all concerned. ■yw^k K': . HrV Larry Guthrie, attorney for Edward ««««» seated that the Hamm property had been vandalized by persons using his property across from the area in question. Mr. Guthrie felt that a dangerous situation was present with parking and then crossing the street fjr fishing on private property. He also felt City condoned the use of the parking lot, they were encouraging the use of private property for public use and might be held liable. ^‘■yyyyy;. >■ ■ Chairman Rovegno stated that he would nave Mr. Hamm's letters included in the record. pi::;-7.^7^ ■ .1-' ;:W, WAmmyrnm Mr. Craig Moen, 1387 Orono Lane, stated that he felt that the corner was too dangerous for parking making it very difficult to enter County Road 15 from Orono Lane. He also stated that persons already were parking on private proP«^ty along County Road 15 east of Orono Lane, but had caused no vandalism problems on his property. yK ■ - ?»• fe:ir \k •‘1.■W'- .1nmmm *}•.'■ : ■ .'i •• • ■ • • • H': % RlS Mr. George Capp, 1465 Fox Street, stated that he has lived in the area for three years and feels that the Council should not condone the Pt®»«Jt use of the property. Mr. ^*PP felt the City Council should address itself to the responsibilities, accountabilities, and priorities. He feels that the present activities of vandalism, obscenities, and garbage has been a burden on the surrounding taxpayers and should not be allowed to continue* V'-::‘ •• =*. • ^v-y ■ . ■ ■ ■ '■.'•y ;• ■’ •■ ••• V • •’ • • ^ PLANNING COMMISSION MEETING OP MARCH 21, 1983 Page mm mm'wmmsmmm :?-iy--r:.W^M ..:V^.' ■ mm il# '*d ’- ^-». .;jll Mr William Gregory stated that they had a pl*/* ci;se the area! miund It. and landscape it to beautify the area. ^ ^ Mr Moen stated that the blind curve is an inappropriate place to have laKeshore acce usag.o. Robert Schmitt, 1475 Shoreline Drive, asked that rithe public has been using it I®"? do they a right to continue? He stated that his S^;?y?s" IV'AIV rera^n" tra‘’r«"s^ou\d bV'^ol'i'c.d SSd »«i«.ln^ so that the public can use it in an order y fashion. M»rv Rivets. 1442 Shoreline Drive, stated that Se^puWic doernot seem to know the difference that her business has had many ^.“thtststeming trom persons that she has h»d to chas away from her property (Windward Marine). Berg stated that he agreed with the co""*"ts of ^uSircV^^^-rin of City Council action, the Gregorys are to give up their shoreline. Mr. Berg stated that his clients compromise offer stemmed from a ‘'l/V. ‘-V int.rprSw^ tion of Malkerson*s conversation, felt that there were ways “hat* thtbe reached so that we could complete tne subdiwslon and land registration. compromise, Malkerson felt that review would be delayed and so would work It took me a long time to respond to Malkerson’s proposal 'i'j*J|,„*®SridM.Gregory's proposal *s thought since II ’’star\‘e‘d" o«'th^hts of ‘t/raltC t"e 9" rrrdU‘"”T;.e Jr^fle is ShSt w. have^otte’n a “tXu nl“ nuisance. The City is legally able to vacate the area. w f- PLANNING COMMISSION MEETING OF MARCH 21, 1983 te •m ■ \' .rrm :v. .; •• .::,■ -^-i ' :v: ;'A isi-i®liS^Wi:lex :;:^'Xx' -HXX 'V£x ?X;X^,£>-.y . ■■ ^ k ^. ■> Vff- «*• BX :<S -v^ ''••i.r-r /:' :v : "y^ Ipwl :. .. ■ iimmmmrn mmwm Wm m p^?5 «iii il' V.^ -X-f.-X’' ■'S ' wmim: ::v;-- xv:'fv:V^kT.-.'V"“' •;• :• fi'?.:.. ■> ►; |f‘^ •v-'-, ;f•;' I$m ■v . V - /••iS ''V; ;■ X ^ ;'■■ XjXXSfX, ■:££xx';x:;Xi£:ia:j>x£ '7<-L Page 6 City Planner Olson explained that the Department of Natural Resources is looking at condemning the Hamm property for a public boat access but the City feels that if this area is available for parking and fishing, that the DNR might look elsewhere for an access to the Lake. Also, as to public property available. Bracket Avenue originally did abut the shoreline, and most of the existing shoreline was created when the County Road was rebuilt in the 1920*s, and has been publicly used for fishing and support of the road since then. The feelings of most of the public present included the dangerous curve that the parking lot is situated at plus the unkept area and the nusiance from persons using the area late at night for parties, etc. Planning Commission Member Callahan informed Nr. Berg that the public fishes there whether it is public or not, and will continue to park and fish there authorized or not. If we vacate the area, how will it help the neighbors? Mr. Borg stated that neighbors in the area are willing to pay for the upkeep of the area and that they will give the Police Department direction for policing the area. * '. Mr. Schmitt stated that his taxes have gone up enough and he did not intend to pay for these services, especially if closing the area would impact his property more. Mr. Weed said use of the area has increased over the years and people have spilled over onto his and other nearby properties. No one is here tonight asking to use the area for parking or fishing. I do not oppose public access but believe it is wrong for non-residents to use this unplanned area. I am aware of the legislative pressures. If this area stays open at all, it should be on a very limited basis. Why can*t a permit system be used to favor Orono residents? Mr. Thomas Rudd,1325 Shoreline Drive, stated that cars now spread one-half mile each way and use private property and driveways. 200 people try to use the two satellites. Increasing use without control is bad. S' 3^ .'"J ' *■ £ £ X'lj .. : - ‘ >■ r- Stanley Gregory stated concerns about the tre _ next to the parking area saying the City wanted to take them over. *%/:j < • ^ . ; PLANNING COMMISSION MEETING OP MARCH 21, 1983 y /MM - ' > V • VvV'‘j|- mm Olson stated no, that the trees were within the part of Bracket Avenue right of way which staff recommends against vacating but that the City has no intention of cutting them or expanding the parking lot. As to the trees being on Gregory's property, Olson noted the Gregory's 1976 survey in the file showed this area as right of way, and also the Gregory's existing fence line running down the edge of the right of way west of the trees separating them from the Gregory land. Chairman Roveo7,> closed the public hearing at 9:15 P.N. to be continued after the public hearing that is scheduled for 9:00 P.M. At 9:30 P.N., Chairman Rovegno opened Planning Commission discussion on the Nolly's Corner vacation application. Berg r^uested vacation of all of Bracket Avenue, with any road right of way then rededicated in the current platting process. Planning Commission Member Sime stated that he is not in favor of vacating anything. Planning Commission Member McDonald also stated that she is not in favor of any vacation. Planning Commission Member Goetten stated that she is in favor of the vacation and does not want any parking lot at that location. Planning Commission Member Callahan stated that he is in favor of a partial vacation. Chairman Rovegno stated that he is in favor of vacating the entire area. Chairman Rovegno asked Berg the status of the proposal set out in his February 24, 1983 letter. Mr. Berg—we want to agree with the City but the Gregorys do not want to do anything without the approval of their neighbors. Olson —I believe that we have agreement between my recommendation and Mr. Berg's proposal, except for the amount of railroad land to be used for parking and whether the so-called woods is to be public or private. This is really a minor problem that should be negotiable and agreeable in everyone's best interests. We both want to improve control of the area and to protect the neighboring property values. No one wants to see use of the area increased. wm pev- ri,.- PLANNING COMMISSION MEETING OP MARCH 21, 1983 'v'* Page 8 .■p-- 'V •:(.=. \v>: . ".I tti . r -j •4 P t(' ■■5;-f:v":\.' ^ y.•-'V:;; »^-VV^'?-:'.: ■}.f Hlw^.-',■■ ■ ■ ^.WM V-.•y ' ^ '; -■ ,fe' . • ■. ..*•• Wy A- '- ' ■ sp® : . :;ffeisa /■ V LrV V. ■ y-' ■ ■,;■S*-,::VfK l'^"^ ■M.r A: ■r iy rt^fWl: fcv'.:;3Y»’--V». m L<;-' Chairman Rovegno stated his position that there was no legitimate place for people to go fish once they parked here. The County plat shows private lakeshore; we have large scale problems and legal * issues. He felt the problems would be solved if ifethe area were closed. For the record, we should^ ^ also include a copy of a letter froir former Mayor Oberhauser opposing the vacation. Member Adams moved. Member Sime seconded, to approve staff recommendations as presented in City Planner Olson's memo dated March 17, 1983, subject to maintaining, policing, and fencing the area. After additional discussion, the motion was amended by Members Adams and Sime to include as a condition, a positive undertaking by the City Council to do the things on page 3, A, B, & C as recommended in the same memo and to include vacation of the "woods" area not used by the public. Motion, Ayes (5) -Nays (2). Members Goetten and Rovegno Nay. Reasons for the Nay vote being that the area is a public nuisance, dangerous curve and the health, safety and welfare of the neighborhood. ^ 1 .•■,• ;■. . ...■ A ■ Y::v 'Ar::NH m Pg: 1^: wm '/' * W:. 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PLANNING COMMISSION MEETING OF MARCH 21, 1983 PUBLIC HBARIMG 70C Sixth Avenue North #734 - George Steiner Subdivision r:Uy-^m mmmM m . M-T , mmS^? JH 4jUv'»’ =^/-' J-y- -.^-i’CjgJ^i ••* ■ p' p & E^.--'jft' ' COMDXTIOMAL USB PBIIHIT 3420 Shoreline Drive #725 - Bob Skinner At 9:27 p. M., Cha i rman Rovegno announced that now was the time and place for the public hearing concerning the request for a subdivision of George Steiner, 700 Sixth Avenue North. Zoning Administrator Mabusth presented the Affidavit of Publication. Chairman Rovegno closed the public hearing at 9:30 P.M. Member Goetten moved, Member Sime seconded, to approve the subdivision request of George Steiner, 700 Sixth Avenue North, based on the following conditions: 1. Quit claim deed right of way for CSAH 6 to Hennepin County Highway Department as shown on the survey dated February 8, 1983 metes and bounds description of right of way required to complete deed. 2. Applicant to execute a conservation and flowage easement - metes and bounds description of the wetlands will be required to complete the easement. , ■ ^ • * •" il^ ■ ^ 3. ‘ New owner of Parcel 2 must obtain an access permit fiom Hennepin County Highway Department even if the existing access is to be shared by Parcel 2, the new use must be reviewed. ^ 4. Payment of park fee for newly created 2 at $100. “ 5/^ Applicants surveyor must submit a certlft^ cate of survey with metes and bounds description of both parcels and signature lines for all parties with Interest in property. Mayor and Clerk. Motion, Ayes (7) taSw;- m iKstSSSm- Bob Skinner was present to review with the Planning Commission his request for a conditional use permit for an 8* X 35* canopy at 3420 Shoreline Drive. ^ A m B>" '• ■■ ' ■■I*?;: '-my, 7;;^: if k' ■■: .N' -*- m- -7-r. u ' •.,'--T V-^- ■ ■>. mm -•4 a ■■Hi ■•H n Hi PLANNING COMMISSION MEETING OF MARCH 21, 1983 Fage xx lnvolvlng‘*'hatdcovet, that existing h»'dcovet must be removed to match the new hatdjovet ptopo86<3 on tho si to 3. Hardship being the °*»hi'%iflltinatural vegetation, and improving the safety factor. ' ~ i-hdCi.i Motion, Ayes (7) - Nays («> (MOtillAL VARlAMCt Park Lano ♦7?5j - Charles Hommayar * . it 4-- wm ymm: mmm:m ^ Charles Hommeyer» 477 Park Lane, was present ¥f%* raview with the Planning Commission his Jtquest for a rSn.^1 variance for lot width and side setback to construct a new home. a_ Member Slme moved. Member “«"» {,-^2 siri?S3S-”“ 1, Residential unit has existed on property for oCer 50 years - SAC charge already paid. . Vr-mftHi '*4 mm fmm '?-!l •4-v4y-'^' ■ .'•iVr#^: J. ^ rl K*,V 3. Lots 1 a 2, Block 6 (TomWilliams) approved as abuildabl. site in 1979. I:;:* ^■Vi- ■. -r 0‘v r V4-n >3".' • ■■ -V, L • :'4#i'7 4 Applicant has approximately 12,504 sq. ft. J; lot area that cannot be credited in application ^ m 5.Average lakeahore setback line at 1«0*. 4iS^<v S'- mm mm «. narrowness of lot to the rear/street of the property. :■ ' ■»•* ■• '••. C •■■-.; ' t:,. •' jt d Approval is subject to the tawing conditlonBi 1, New house must be connected to sewer.H-mm ■:>- =v'T., m...Je 2. Existing structures removed prior issuance of building permit.a- ^■-4 1:^ 4 •UXLDING PtWIXT RBVXEM 875 Forest Arms Lane 1732 - James Dongoske Motion, Ayes (7) - Nays <0) iUkbiB • V-'i TW.JSt,m■i' >■•t- ThSir' Mr. James Dongoske, 875 Forest Arms Lane,, was r:*^-5r^c b4 / I I4 m \ Tk;0 w mm present to review with the Planning Commission his request for a building permit review to construct a parallel dock 16* X 35* • 1 ...:^ *;i- Member Adams moved. Member Kelley seconded, to approve the request of James Dongoske, 875 Forest Arms Lane, to contruct a,parallel dock 16* X 35* subject to the following conditions: m mmm 1. The newly constructed dock must meet al applicable standards of the LMCD Code and State Building Code. If Motion lall^d. Discui^on included no future dredging. mm- V--: r Member Goetten moved. Member Kelley seconded, to approve th^ request of James Dongoske, 875 Forest Arms Lane, to construct a parallel dock 16* X 35* subject to the following conditions: m to-i, ,:v=.;;, ,y>■ y :/ i"‘y iy • '’'y fc; ."I t 'm-rn ^ 1. The newly constructed dock must meet all applicable standards of the LMCD Code and State Building Code. 2. Applicant is advised of the City's position in regard to future requests for maintenance dredging. The granting of the application will allow riparian use of the available channel but does not in and of itself, constitute the granting of a vested right to redredge this channel. mmm RHIBIfAL VARXAilCf 3365 Crystal Bay Road #733 * Joseph Lofrano Motion, Ayes (7) Nays (0). '. ■■ ’ •...4, wmmM%m wmm ^ -V- > Mr. Joseph Lofrano, 3365 Crystal Bay Road, was present to discuss with the Planning Commission his request for a renewal variance for a 24* X 24* addition to the principal structure. Mr. Warren Paschke, 3349 Crystal Bay Road, was also present. ■•'&■■■ . '■ v -.V *; ■. Member McDonald moved. Member Sime seconded, to approve the request of Joseph Lofrano, 3365 Crystal Bay Road, for a side and rear setback renewal variance for a 24* X 24* addition to the principal structure, based on the following findings:■x.\ mmmik 1. Current application involves less of an encroachment than the vaFiancc^application approved in 1973. '>V -V :-y> - mm mmm M:-' •■ ■••• •■m i ;:r;> 2. The size of the lot and proposed improvements are consistent with the surrounding pattern of neighborhood development. 3. The rear setbacks for existing structures on abutting properties are consistent with proposed addtion. 4. The property abiitts the railroad property at rear. This appf^lfr conditions: on the followings based i. Applicant is placed on notice that i additional improvements on the site involve hardcoverr that existing hardcover must be iremoved to match the new hardcover proposed for the site. Motion, Ayes (7) - Nays (0) . ■ -V.; . Planning Commission Member J. Diann Coetten will represent the Planning Commission at the April 11, 1983 Council meeting. Member Goetten moved. Member Sime seconded, to approve the Minutes of the regular meeting of February 7, 1983. Motion, Ayes (7) - Nays (0). mmm I Member Goetten moved. Member Sime second#1^ that %he Meeting be adjourned at 11:20 P. N. Motion,, mm-'-mmm r"mem MM-Mm -:■ ^ = :'- • -mrnm iss'i ■■■■» r-•'-•V'' mM mm iisw . .<•'■ 1-1 ;-:K# 'i-" ■V -;;-i ■Am « ; ■ MmM- ■ .• mm -eJrm mm .■'■■■ K. V ■ .'•■ -.V if --V'!•;..'••• •'•'. •'n ;■■ .V' ■ ::■- ■ ■• miy-y 'm mMsmmmmmm •: •• -••:. •• yi.^: - .*■•■•• ■,:=;= ■ .==■ •■ iVf •:•.•%-■.:WMSM-m v;.'. - - ''i. . ... .;.• . . ,v.•; I ■ V ;■ ^...: .V;-; •>• • :.■ • y^Wm' <M2:m mymm ■ P: ■ i^fwiiiSUS m MmMM -t " ^ .