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HomeMy WebLinkAbout09-19-1983 Planning Minutes> •■ . «* /4’Sill ■'- '-3 i ..Hi": iMi mm IM mBm ^ r^ v ■' vm.-imM MWl Wmm PLANNING COMMISSION AGENDA COUNCIL CHAMBERS 7:30 PM MONDAY, SEPTEMBER 19, 1983 4j J\ •m* EPRESENTATIVE - James Grabek RDER • *1 rARINGS h; W*T”- -.'^ fliltTiT? PM #775 Carl Parten, 1025 Tonkawa Road Preliminary Subdivision PM #778 Jo Ann Grimes, 4720 North Arm Drive West Preliminary Subdivision <*••m ■»; -V .FT EMS Douglas Smith, 3237 Casco Circle Variance u Larry Grabill, 1350 Rest Point Lane Variance Alvin Clover, 3036 Casco Point Road Variance ■5.'. Glen Upton, 3685 North Shore Drive Var iance >-P.: Park Gun Club, 3660 Sixth Avenue North Conditional Use Permit i. I Gerald & Nancy Bloms, 4195 Forest Lake Drive Variance 'A mm.UnMf Rodney Burwell, 1100 Millston Road Conditional Use Permit •• V James Bigham, 1545 Long Lake Boulevard Conditional Use Permit ^ mm . rt ' a. • attend Councilg of October 11, 1983. (Tuesday night) F MINUTES al of Planning Commission minutes of August 15, 1983. FT i 7 >.M masBomasss - C5 COMMISSION MEETING W SEPTEMBER 19, 1983 •nie Planning Commission met on the above date The Keliev^ CalTaha®“aa®'® P'«sent: Chairman Rovegno,Reiiey, Callahan, Adams, Goetten, McDonald and Qimas tra“tor”!S:K'’%^°”'*"'‘ Present?lining Mm?iT|:trator Mabusth represented City staff. ^ H' m mm mm £iii'• :■■■■:■ •-r'.=. =‘V= i-.-: ■;;v,-:-v.V ; = ;■•=•*.■ ■ : ■■■/ ••.; •' ■• •• .•."•.../■'i; \- ■;. = •• •' fmli V' • •!.ir. ;: :-■ te-' • '•. ■ 'r: •. • . V-:-> ■ ■ •... Zoning Administrator Mabusth noted the certificate of P«ier Ge"ral^”l publlcation^ca^'r Id Parten and Dan ::en were present. "*’® Planning Commission the ?on?!f!f o'" 1 contains 1.2 acres. Lot 2 1 fJu9V"ot "shoJtnne-.® Hnes?e?hme‘d%‘?yco^oT^^^^^ those lots can meet the requirements. noted that he wished to keep the wild life dred on ono lot# ronn?^^^ Shoreline didn't meet developer could easily meet the requirements by moving the lot lines. concern with future ownership on Lot it wouidir*f^K ^ common ownership lot and il buildable. Rovegno noted the need for stan^rd easement to protect integrity of areastandard for zoning district. Adams noted he was in favor of the subdivision as proposed. Adams noted the road was in the ideal shlft‘the"?‘*h''^“ moving the road north just the feasible! ®"’® be Mabusth noted the Gerald Parten's letter of 985 Tonkawa Road stating that Mr. and Mrs. Parten did not as\*he possible moving of the sewer line as long as the City assured all financial responsibilitv for any problems that may result with the new connection! Callahan moved to approve Carl Parten's three lot LR-lB finding all standards of the thP»ro district have been maintained and that available to extend sewer f^iT^ ? additional units subject to thefollowing conditions; "1 MINUTES OP THE PLANNING COMMISSION MEETING OP SEPTEMBER 19^ 1983* PAGE 2 #775 CARL PARTEN 1. 2. Dedication of 33* of right of way for Tonkawa Road. City to acquire underlying road and utility easements over Outlot A and standard maintenance agreement. Outlot A to be moved in northeast manner to extend the area in Lots 2 and 3 to meet the 1 acre requirement. 4. Designation and dedication of City sewer lines as 20* wide utility easements bn‘ the plat. 5. Payment of park fee of $880 per current fee schedule. 6. The property has been assessed for two sewer units. Applicant will be charged for one additional sewer unit. 7. Plowage and Conservation easement over wetlands area. t' • ' ' , ' ■ ' V.,i' ‘-.1 Written approval of sewer service change from Gerald Parten stating he understands that only the developer Carl Parten can assume all financial responsibility for problems resulting from sewer line change and new connection to his property, prior to scheduling applicants before Council for preliminary approval. Sime seconded. Vote: Ayes (7), Nays (0). #778 JO ANN GRIMES 4720 NORTH ARM DRIVE WEST PRELIMINARY SUBDIVISION PUBLIC HEARING 8:15-8:35 PM ;■ Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Jo Ann Grimes was present. Don Winter of 4620 North Arm Drive West was present for this application. Mabusth noted the reservations that staff had about the location of the existing septic system. Mabusth noted that either the lot lines would have to be moved or new drainfield lines installed within homestead lot. Mabusth noted that additional septic test data would be needed for an alternate site on the homestead lot. Callahan asked about this 50* x 400* lot. ill I - ' V-' I' • .i m IW?"'v-O;^ PAGE 4 MIMUTES op the PLANMIHG commission meeting op SEPTEMBER 19. 1993. PAGE 5 r and n per for ned age lis M- -I ■■ n .. ,-.i ‘1 #776 ALVIN GLOVER 3036 CASCO POINT ROAD ^ VARIANCE r t ■Hii §. H 'V V X^~. ■s 41 :• I' - i V / ■. ■'vi >>• ^,. fSs‘ •'' 1/: 4-S n \ .^1 ■ r»*; ►RtiSL**.' ipp M Casco PoVmfRoadf '’lan BoVth and Donna Oas of 3297 Casf'n d Road, fro™ the aadle^nL^f ” ?hrs%;Vl?ca"t°l\"„-- P—"t Rovegno asked who owns Maple Avenue? ^abusth stated that it is an unimproved public right of Mabusth asked Alvin Glover who Mr'. Caples was? Caples who*bo^ht*U*^f/o*ra'Hen°**^i'^ ^*P*tax forfeit. County when it was Goetten asked about the sewer and water assessments. sewerand'^aler!”*" for f?Sm®G°e°o^'’giynol®o?3V3°0 Casco P°^\ Gary Barr Owner of Lots 160 °"® ^^om labeled Exhibit A and B*’ which are letters objected to Mr. Glovers variance. called°the^City'*to*’see*if "^the’^ ifand were discou^afffi 1 this lot unbuildable! ^ this lot was a^"ked°?S^t"iS:®3"ewtr ^nd tattrbut the City said no n i.k be removed, almost 1/3 o^ the total acr^^^i' that this lot is granting's majSr varlance\®^’® »e cJni^b'jTd^n^h^irio?; ^G\rei"lta‘^tri^^iTaware that there was a nr^Ki Iuiiece was a problem with the lot. .”:r;.s%rs.r and contr^ar^y ^ to^ severely substandard neighborhood and that \he *^vargranted. variance should not be • <■ minutes OE the planning commission meeting op SEPTEMBER 19, 1983.PAGB 776 ALVIN GLOVER >1':- .:'i' ■ ■••;• : ■'?> ^ ... -■ %-^VSvVA ■feiM j ^v -' i=* • . • ■ . • • • V- ■■'>■ , %yV: vA;. , :: y • i"ysil® ■ ■ i:m <:.' '■■■: ;^: ■■■■■ -■; V ‘■y! pyl' - 11 “Q777 GLEN UPTON 685 NORTH SHORE DRIVE VARIANCE ; ; , v y^ y-4 . V. V- -y- ■ V- -f '-." ' y ,ftii J- V- ' -'lyv-yM- i:;y ;t:' '. a; ,w :V;^/ 'A- ;AU':isy3'yi'-v:y.'yv: ■ -• ;^V :1: V 1.*’' •/• «>;/r :.c: ■■: .A -■ ••:•■'{ . :• •■■ :>: Ky . y • ■:■■.■■■ ■■ -‘v'•■•■-.■A ‘.V ■: -yy ;y7yi'_ - y_ i ii- yH:-v r stated that this lot does not meet an to ask!*^® granting a 64% variance is too muc as the test of thPlanning Commission. Goetten moved to deny Alvin Glover-s variance reaues based on the following findings: “anc® deques 1. The lot is severely substandard in comparison wit 1!^^?°?®- ®“”°“"<ling lots of Winshri^Subdivision of Spring Park Lot. ^ 2. The lot is 1/3 of the area required by the LR~K zoning district and 1/2 of required lot width. 3. Granting this variance would have adverse affectson surrounding properties. averse attects 4. Granting this variance would be contrarv to th» zoning district standards. Adams seconded. Vote; Ayes (7), Nays (0). renSw?l'^^"ar?aVc?."®"'• "°^®" this was a approved In'fger"' originally ?:ad^^^T8^^\';®es^^®^P^^3Vk“^ ^ ^•’® Offlr^a/hi^H*’ ‘'’® tag that the BuildingOfficial had placed on the property? Mabusth stated that the illegal structure that was Placed within 75* of the lakLhore was removed. moved to approve setback variances and nrr»r% ^^or the total improvement of the property located at 3685 North Shore Drive as follows; Street setback variance of 30' Lakeshore setback variance cf 25' Total hardcover approved within 0-75' « 1,315 sf setbacks" "ost meet the following |y.^- m 0' setback from access road 50' setback from lakeshore 10' required setback from all side property lines 1 ii"-' is MINUTBS op the planning commission meeting op SEPTEMBER 19, 1983. r-A PAGE 7 m#777 GLEN UPTON L 'J Approval based on the following findings: 1. Proposal meets the intent of the Environmental standards of the Comprehensive Plan. 2. Property is sewered. v:mm 3. Established residence on property for over 50 years. ! •> \i 4. Improvement consistent with pattern of neighbor hoods improvements. 5. Approval to be based on support of neighbors. 6. No additional land available. mi Approval based on the following hardships: •V. mB-.1. Major portions of buildable area is located within the 0-75* setback area. si:*.'"■I. ■ V 2. Location of County right of way access road limits building envelope. Approval subject to the following conditions: 1.No additional variances to be granted to this property. 2. Removal of detached garage structure at time new , garage is constructed. §779 PARR GUM CLUB/ DONALD NAAS 3660 SIXTH AVENUE NORTH CONDITIONAL USB PERMIT ■.\tv.cSiz McDonald seconded. Vote: Ayes (7), Nays (0). Donald Maas was present. Maas noted the size of the storage addition to be 10* x 20*. Maas presented photo exhibits 1-6. Maas stated that it would be strictly for clay pigeon storage only. Mabusth asked if the applicant had ever complied with;^ the original request that plantings be placed along the street side for a sound barrier. Maas stated that all the plantings of Weeping Willows were placed along the street but that winter kill had killed most of them but that 4 were still living. Mabusth noted that there was no need for a variance but that this was an extension of the conditional use permit because they were adding on. Tt ■ l.« i 1 PAGE 8 ^ii «* 4£.■A ■ i <4 779 PARK GUN CLUB/ "^1 !?X H. \ >A. mLi:uma>m '■ v:^. • ^ r. - , • - am ;\.yy-!..A I'. •■• ;■- -■; ^1780 GERALD BLONS “““ Isv...- 9^- ‘mMmmm -.i 1. ■S-^':-^'¥'V.*; : • ; ..; \ .>v;-' •^^= U. Vv.v. :•;/ ..> ■mrnmmmm l»- Oron^zoning °Code!’" "«=tions of thi '■ Xert^"\1.at‘''wl°i; “‘h“ the residential Properties or'be'deV® ®“trounding public. heal^hrs^fUrand^lelVaVeT""' uf:d%"'str!?rt rheren«'°/schedule. to programmed shooting Approval is subject to the following conditions: barrier was planted and to be maintained. Kelley seconded. Vote: Ayes (7), Nays (0), ,?i Gerald Bloms was present. Goetten noted that this was a 61% variance request. and“Tb" g?an\''ina"\*he'^'’"'^ ''‘^h Adamsconsistent with variance it would be neigiborUood. ”® of other lots in the tV^ neighborhood orGraTS" , c^ appncatloJ idlutsrb?sed ‘on ^hi° folVow?^g IJ i 11 iilt MINUTES OF THE PLANNING COMMISSION MEETING OP SEPTEMBER 19, 1983. PAGE 9 ©#780 GERALD BLOMS ■:rr 2. The property is sewered. 3. The proposed plan requires variances. no additional m yflp 4. Neighboring property owners are in complete support of the application. Approval is subject to the following conditions: 1. Access to be approved by the Public Works ^ Coordinator. A:---.. • : ^ J 2. No future variances will be granted to tSii.is property. U'Ifei '-'v*-. * iS' #781 RODNEY BURWELL 1100 MILLSTOH ROAD f CONDITIONAL USE PERMIT * f * Svilvic', O Adams seconded. Vote: Ayes (7), Nays (0). John Worral and George Watson were present from Brauer & Associates to represent Rodney Burwell. Nabusth passed out photos exhibits 1-7. Worral explained why the grading is necessary as follows: 1. A serious erosion problem occuring on the shoreline. 2. Erosion creating a bad water quality with a lot of runoff into Tanager Bay. 3. Hazardous because it is the applicants primary access down to the lake. 4. Erosion will just get worse if nothing is done to eliminate the problem. Worral noted that all surface drainage runs through a swale and that they would like to correct the grading upon the slope so that the water doesn't pass through that area so quickly. McDonald asked how many trees would have to be removed to do this extensive grading? ‘4T Watson noted that approximately seven trees would have to be removed because the earth from underneath would be graded. Mabusth asked if these trees were within the 75' lakeshore setback area? ^ V. - MINUTES OF THE PLANNING COMMISSION MEETING OP SEPTEMBER 19, 1983. PAGE 10 0 ^781 RODNEY BURWELL 'V:'^ . ..... ■■ ' ■■■':' : ‘r.V■'' i.'■"■■ ■ -r-ahi^':B .m mm - - <" •■ 1 y/^yy^^ ^ r. kyym ■ymy t4 . kym yymym t*'. i iv' wm Watson stated that they were and that those trees would have to be removed in order to do the grading. Watson noted that approximately 150 dump truck loads of fill will be removed at the ridge area and portions regraded and filled on remaining lakeshore bank. Nabusth noted that the City Engineer had reviewed this application. McDonald asked what they would do with all that dirt? Watson stated that the dirt removed would be used to fill the grade up above vdiere they were going to remove. Rovegno noted that Lot 4 doesn't have a primary structure and there is a dock located there. Worral asked if Burwell would need to seek a variance to approve this accessory structure on Lot 4? Nabusth stated a lot combination would be required. Adams moved to approve Rodney Burwell*s conditional use permit application to permit the improvement of his property along the lakeshore banks of Tanager Lake consisting of the following steps: 1. The alteration of ridge along top of bank and filling of drainage swale/ditch on east side of property. 2. Construction of spaced wooden access stairs down lakeshore bank. 3.Removal of drainage tiles, concrete stairs and existing dock. 'v. 4.Rip rap of shoreline - extent of rip rap to be designated on plans. 5. 6. Removal of seven trees within 75* of lakeshore. Installation of permanent dock. Approval is based on the following findings: 1. Control of the erosion of lakeshore banks. 2. Improve access tc lakeshore. 3. Improve quality of water runoff into lake. MINUTES OP THE PLANNING COMMISSION MEETING OP SEPTEMBER 19^ 1983 PAGE H O.#781 RODNEY BURWELL 4.Entire improvement program consistent with intent and objectives of the environmental standards of the Comprehensive Plan. Approval is subject to the following conditions: 1. Designate area to be rip rapped prior to work. 2. Obtain DNR permit for permanent dock and rip rap. 3. Hay bale dikes to be installed prior to construction along lakeside edge of the ridge to be altered. 4.Filter fabric and fence post erosion control dike to be installed when concrete stairs and retaining wall at east shoreline removed and fill placed on the area. m5. Supplemental vegetation to be planted. Sime seconded. Vote: Ayes (6), Nays (1). McDonald voted nay because she felt that such an extreme amount of grading would be detrimental to Lake Minnetonka. McDonald noted that the City would be setting a precedent for such extreme land alteration in the future. #758 JAMES BIGHAN 1545 LONG LAKE BLVD CONDITIONAL USB PERMIT r • James Bigham was present. Bigham stated that he constructed a retaining wall without the knowledge that he needed a permit. Bigham stated that he was red taged and he stopped work. Bigham noted that there was a severe erosion problem and that if he hadn't constructed a retaining wall that he wouldn't have a yard/hill left. Bigham noted that he built the wall so that it can have plants in it and made it as natural as possible. He felt that it did no harm to Ivy Lane and that he has had no complaints. r- ? Mabusth noted a call from Mrs. Albee which clearly stated her objection because Ivy Lane is a public access and not Mr. Bigham's property. Mrs. Albee noted that Ivy Lane was donated to the public not for Bigham's private use and that Ivy Lane is the only access to the lake in that area. Kelley asked if there is City sewer there? Mabusth stated no that it functions as a fire lane pedestrian lake access. a 4- ■■ >-U:rm v.v ’ V