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PLANNING COMMISSION MEETING
COUNCIL CHAMBERS 7:30 P.M
MONDAY, MARCH 21, 1983
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Council Representative
TO ORDER
Thomas Frahm
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PUBLIC HEARINGS W Hr-
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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 ' ^ #
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4. 9*00 P.M. • #734 - George Steiner - 700 Sixth J^enue
Subdivision
ACTION ITEMS «p‘
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5, .gljj|725 ** Bob Skinner -> 3420 Shoreline Drive - Conditional Use Permit
6. #730 - Kevin Rolf - 2700 CaSCO Point Road - Variance
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fe -vVif.7. #731 - Charles yer - 477 Park Lane - Variance
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#732 - JamsiiMngoske - 875 Forest Arms Lane - Building Permit Review %
9. #733 - Joseph R. Lofrano - 3365 Crystal Bay Road - Variance
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Select Planning Commission member to attend Council meeting of April 11,
1983
APPROVAL OF MINUTES <
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10. Approval of Planning Coamdssion Minutes of Februfry 7, 1983
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PLANNING C
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ISSION MEETING OF MARCH 21, 1
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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.
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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:
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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
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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. ^
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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.
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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. ^
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PLANNING COMMISSION MEETING OF MARCH 21, 1983 Page
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Motion on amended motion, Ayes (7) - Nays (0)
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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.
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-m%3.Payment of park fee of 8250 for Tract B.
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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.
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appU?atiin^"requ^sU^^
^property
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immediately.MBe-UK Motion, Ayes (7) - Nays (0)
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PUBLIC HBARIII6
1410 Shoreline Drive
#720 - William Gregory
Vacation
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At 8:05 P.M., Chairmancontinued public hearing concerning the request
of William Gregory, 1410 known
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that th. public haating notle. had •»••" P“^
In th. Lak. Mlnn.tonHa Sun •‘•''•(“P"Affidavit of Publication was forthcoming.
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city Plann.t Ol.on tevlawad with public
pc.Lnt th. history and pres.nt status of Mol.y s
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PLANNING COMMISSION MEETING OF MARCH 21, 1983
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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.
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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.
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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.
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Chairman Rovegno stated that he would
nave Mr. Hamm's letters included in the record.
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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.
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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*
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PLANNING COMMISSION MEETING OP MARCH 21, 1983 Page
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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.
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PLANNING COMMISSION MEETING OF MARCH 21, 1983
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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.
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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.
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Stanley Gregory stated concerns about the tre _
next to the parking area saying the City wanted to
take them over.
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PLANNING COMMISSION MEETING OP MARCH 21, 1983
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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.
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PLANNING COMMISSION MEETING OP MARCH 21, 1983 'v'*
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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.
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PLANNING COMMISSION MEETING OF MARCH 21, 1983
PUBLIC HBARIMG
70C Sixth Avenue North
#734 - George Steiner
Subdivision
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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. ,
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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)
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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
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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. ' ~
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Motion, Ayes (7) - Nays («>
(MOtillAL VARlAMCt
Park Lano
♦7?5j - Charles Hommayar
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^ 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. .
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3. Lots 1 a 2, Block 6 (TomWilliams) approved as
abuildabl. site in 1979.
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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*.
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«. narrowness of lot to the rear/street of the
property.
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Approval is subject to the tawing conditlonBi
1, New house must be connected to sewer.H-mm ■:>-
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2. Existing structures removed prior
issuance of building permit.a-
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•UXLDING PtWIXT RBVXEM
875 Forest Arms Lane
1732 - James Dongoske
Motion, Ayes (7) - Nays <0)
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Mr. James Dongoske, 875 Forest Arms Lane,, was
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present to review with the Planning Commission
his request for a building permit review to
construct a parallel dock 16* X 35* •
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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:
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applicable standards of the LMCD Code and State
Building Code.
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Motion lall^d.
Discui^on included no future dredging.
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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:
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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.
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RHIBIfAL VARXAilCf
3365 Crystal Bay Road
#733 * Joseph Lofrano
Motion, Ayes (7) Nays (0).
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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.
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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.\
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1. Current application involves less of an
encroachment than the vaFiancc^application
approved in 1973.
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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)
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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).
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Member Goetten moved. Member Sime second#1^ that
%he Meeting be adjourned at 11:20 P. N. Motion,,
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