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HomeMy WebLinkAbout01-16-1978 Planning MinutesAGENDA PLACING COMMISSION MEETING OF JANUARY 16, 1978 i COUNCIL CHAMBERS - 7:00 P.M. « I.CURRENT ITEMS A. Action Items 1. 2. 3. 4. Call to Order Roll Call Public Hearing - 7:00 p.m. Block Grant ^!^002 - Public Hearing - 7:30 p.m. Joe Braun - 3024 Casco Point Road Subdivision (Preliminary) 5. #343 - Public Hearing - 7:45 p.m. William Bartig - 605 Stubbs Bay Road North Subdivision (Preliminary) 6. #344 - Public Hearing - 8:00 p.m. Dr. Leach - 2535 Shadywood Road Subdivision (Preliminary) Minutes of Regular Meeting of December 5, 1977 1 7. 8.#266 - 9.#299 - 10.#307 - 11.#324 - 12.#319 - 13.#347 - Crosstown Properties (Lafayette Ridge Plat) 3201 Navarre Lane Final Plat Approval Don Eckstrom - 2140 Sixth Avenue North Subdivision - Final Plat Approval Fred Herfurth (Doug Dayton) - 1480 Sixth Avenue North Subdivision - Final Plat Approval Bernard Railing - 4480 Forest Lake Landing Subdivision - Final Plat Approval i West Shore Lafayette Bay Association 2440 Pld Beach Road Dredging and Disposal Spoils George Dixon - 3250 Fox Street Conditional Use Permit - Guest House B. Work Session Items 1. #340 2. #345 3. #346 Calvary Memorial Church - 2420 Dunwoody Avenue Conditional Use Permit - Transfer and Expansion (All Necessary Material Not Submitted) Arthur Heintz - 1565 Orchard Beach Road Variance • Lot Area and Width Paul Raster - 2600 Casco Point Road Subdivision (Preliminary) Public Hearing Scheduled for February 6, 1978 Planning Commission Agenda January.16, 1978 Page 2 4, #348 - Richard Ledstrom - 3405 - 6th Avenue North Subdivision (Preliminary) Public Hearing Scheduled for Febniary 6, 1978 j C. Incomplete Items 1. 2. #317 #333 3. #340 - 4. #294 - 5. #306 - 6. #308 - 7. #336 - John Hartwell - 820 Brown Road North Subdivision (Preliminary) Thomas Lyon - 4790 North Shore Drive Variance - Lot Area (Has Not Submitted Necessary Data) Calvary Memorial Church - 2420 Dunwoody Avenue Conditional Use Permit - Ownership Transfer (Have Not Submitted Necessary Data) James McCleary - 3445 Bayside Road Dredging Application for Stubbs Bay Marina (Lacks Additional Data) Colpepper Land Co. (Neslund) - 40 Orono Orchard Rd. N. Subdivision (Preliminary) (No Revised Plan) Sidney Rebers - 2060 Wayzata Boulevard Subdivision (PreliminaiTr) & Rezoning (No Written Response From State Property Division) Forest Arms Subdivision - Carol Sue Dongoske Review Wetlands and Riparian Status (Has Never Responded to my Letter of Iiucruction) II. C(»1PLETED ITEMS FOR COUNCIL A. Completed Items 1. #317 - '1 2. #323 - 3. #334 - John Hartwell - 820 Brown Road North Subdivision (Preliminary) Conciurred with Several Suggested Changes James Lawrence - 1550 Sixth Avenue North Subdivision (Preliminary) Concurred with Several Suggested Changes George Jackson Construction Co. - 90 S. Willow Drive Subdivision (Preliminary) Concurred with Several Suggested Changes 4. #337 - Ed Lehman - 2440 Carman Street Variance - Front Setback Concurred with Several Suggested Changes Ed Lehman - 2450 Carman Street Variance - Front and Lake Setback Concurred with Several Suggested Changes 5. #338 - Planning Comniaslon Agenda January 16, 1978 Page 3 6. #339 - 7. #341 - Ed Lehman - 2414 and 2416 Carman Street Conditional Use for Duplex - Variance - Front & Rear Setback Concurred with Several Suggested Changes Harry Gustafson - 2515 Kelly Avenue Variance - Lakeshore Setback Concurred with Several Suggested Changes • . •• Fon ?. c. mt£. f- /(t - 7t VDLLACE OF OEONO «n.LtAM t WLLt Wi«V i CITY OF ORONO, MINNESOTA MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 The Orono Planning Conmlsslon met on the above date tht. following members present: Commissioners Wilson, Hurr, Hammerel, Hassel, Frahm and Chairwoman McDonald. Commissioner Hannah was absent. Also present was Zoning Administrator Hank Muhich. The Zoning Administrator introduced Mark Hendrickson, from the Hennepin County Development Planning Department, who explained the program and possi­ bilities as to how the City could use the money. Mr. Hendrickson explained that the title of the program is the Hennepin County Community Develop­ ment Block Grant Program and that it is a funding mechanism for community development and housing and has been in effect since 1974. It is designed primarily for projects for low and moderate incomes. There are 37 cooperating comnunltes who have entered into the joint powers agreement with Hennepin County. The program is a guide to meet the goals of the Housing and Community Development Act within the context of local needs and capabilities. He explained that the primary objective of the program is the development of viable urban commun­ ities, including decent housing, a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. In addition, this funding is directed toward the elimination of slums, etc., the elir.ination of conditions which are detrimental to health, safety, and public welfare, the conservation and expansion of the nation's housing stock, and the reduction of the isolation of income groups within the communities. He explained that 51% of the population being served by a project must reside in households having a gross income of less than $15,520. He reviewed actf.vities which could be funded through the program. This would include acquisition of real property, public facilities and improvements, clearance activities, public services, interim assistance, removal of architectural barriers. He also reviewed eligible rehabilitation and praservatlon activities, eligible economic development activities, eligible activities by private non-profit entities, local development corporations, or small business Investment cor­ porations, and eligible planning, urban envlron- irental design, environmental studies and admin­ istrative costs. ATTENDANCE-7:30 P.M. PUBLIC HEARING HENN. CO. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (JOINT POWERS AGREEMENT) MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 2 Mr. Hendrickson explained that the application includes a 3 year development plan with a cue year action plan, and that the 3 year community development program must Include the activities to be undertaken, objectives, and estimated costs. HENN. CO. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (con* t) He also explained the application process beginning from the local level. First, the communities hold two public } Barings to gather public information. Second, thc:^'e is a public hearing held by the Council to approve what the money will be used for. Thon one housing assistance plan is approved by Metro Council. This includes comments and recommendations and then it is forwarded to HUD and they review it. He added that this money would become available in 1979. Chairwoman McDonald asked for any comments from the audience or the Commission. Mayor Van Nest commented that there are many cities using these funds for their comprehensive guide plan. He asked if these funds could be used for park plans. He also asked if these funds could be used for people with low and moderate Incomes who have not hooked up to City sewer and water. ; Mr. Hendrickson stated the funds could be used for park plans if they came within the guidelines. He continued that the State has a program with the moderate income at $5,000 adjusted income, but if the City wants to add to that program it may Adjust the moderate income level. I Mayor Van Nest asked what would happen to the money if it is not spent within the 3 years. Mr. Hendrickson replied that the money is carried over to the next year. Commissioner Hurr asked about using the money for a traffic signal on Hwy #12 by the Orono Middle School where there are not many homes. Mr. Hendrickson replied the criteria used is determined by the percentage of the area's population which will be serviced by the project. Also, they have tried to stay away from public transportation projects. Commissioner Hurr asked about using the money to upgrade municipal buildings. Mr. Hendrickson replied this could be used to make improvements for handicap facilities. MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 3 Lee Tomlinson, chairman of the Park Commission, asked if these funds could be used for park programs* Mr, Hendrickson stated this would depend on meeting the 51% criteria. He added that 75% of the funds must benefit low and moderate income property. However, there is an exception to this 75%, which is if a danger exists such as polluted water supplies. He noted that all the criteria are only proposed and should be finalized within the next few weeks. The Zoning Administrator asked about using the funds for community septic systems near Stubbs Bay. He felt some of these property owners could qualify within the 51% of the serviced area. Mayor Van Nest stated he knew of certain projects \diere the City will be spending money for other projects and did not feel it was right to make up projects just to use the money. After all the public were heard the public hearing was closed at 8:11 P.M. There were no additional comments and at this time no recommendation was made. Chairwoman McDonald announced this was the time and place for a Public Hearing on the petition of Joe Braun, for preliminary approval of a subdivision at 3024 Casco Point Road. The Zoning Administrator presented the Notice of Public Hearing and the Affidavit of Publication. The Zoning Administrator explained that the original parcel exceeds one acre. The proposed lot split would result in two parcels both of which would exceed the required one-half acre minimum area. The original subdivision was brought before the City in March of 1975, the final plat drawings were approved by the Council in June of 1976 subject to payment of a $2,000 park dedication fee, which has never been paid, and the plats have never been signed. He added that the lake frontage is only about 50 feet, which does not meet the 100 ft. minimum lot width requirement. He presented the Commission copies of the letters he had received from David Y. Morris, 2990 Casco Point Road, dated 1/6/78, and Howard R. Alton, Jr., 3025 Casco Point Road, dated 1/14/78, indicating their disapproval o: this subdivision. After all the public were heard the Public Hearing was closed at 8:15 P.M. HENN. CO. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (con't) PUBLIC HEARING-7:30 P.M. JOE BRAUN 3024 CASCO POINT ROAD SUBDIVISION (PRELIMINARY) y/002 I MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 4 David Singer, Mr. Braun's attorney, and Steve Plowman, buyer of the property, and his attorney, Bob Schnell, were present. JOE BRAUN #002 (con't) The Conmlssion was concerned that the proposed lots would be less tha-i? 50 ft. wide at the lagoon. The Zoning Administrator commented that the minimum lot width requirement is 100 ft at the road and at the lakeshore. Mayor Van Nest commented that this requirement is a new policy that has been adopted and will be part of the new ordinance. Commissioner Hassel stated a variance will be needed since the lots do not meet the minimum lot width requirement at the lakeshore. He also commented that the Commission should be very careful about approving this type of division so that it will not just be causing more problems. Chairwoman McDonald stated she would have a hard time not approving this subdivision when it conformed to the old requirements before the policy was changed. She referred to the letter dated March 18, 1973, by Howard Alton, Jr. 3025 Casco Point Road, stating he had never seen Mr. Braun's property holding any water. She also asked if the drainage plans had been submitted. Mr. Plowman replied he h^.a talked with Gordy Coffin and Hank Muhich on this, adding that he thought the Watershed District should be asked about this also. Commissioner Wilson stated the protection of the lake is one of the most Important things to keep in mind. He felt the 100 ft. minimum lot width requirement should apply in this case. The Zoning Administrator stated they would have to subnd r drainage plans which would have to be approved ^<y the 7i.ty and the Watershed District. He also stated there is a house on the lot as it exists now and with the subdivision there would be one more. He expressed concern about the drainage plans being the same as they were over one year ago, adding that as the hardcover is Increased there is more runoff. Commissioner Frahm felt the 100 ft. minimum lot requirement should apply in this case based on the fact the information is so old. u MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 5 Chairwoman McDonald reviewed the Jxine 28, 1976 Council minutes which approved the final mylars gubject to payment of the park dedication tee. The Zoning Administrator stated the park dedication fee was not paid before the six months deadline expired and the mylars were not signed or certified. Mr. Singer referred the Commission to the March 1975 Council minutes and asked what else was a condition for the approval of the sxibdivisicn. The Zoning Administrator replied the payment of the park dedication fee and a drainage plan approved by the City Engineer. Mr. Singer stated he was not aware of the requirement for drainage plans until now. jbr. Plowman stated he was not aware of the six month period within which he had to pay the park dedication fee, adding that when he went to pay the park dedication fee in August of 1976 he found out it was too late to pay it. Conmissloner Frahm referred to the letters written by the two neighbors and expressed his concern about their objections to the subdivision. Coiranissioner Hurr felt that since Mr. Plowman had put out a great deal of money in buying this property and a great deal of time planning to divide the property, that a hardship was demonstrated. She also coninented that this subdivision did qualify under the old requirements. Mayor Van Nest explained that a hardship is a natural problem with the land or topography of the property which causes a hardship, not necessarily a financial problem. Commissioner Hassel stated the approval of this subdivision is a matter of principle and inter­ pretation of the ordinance versus the policy. He continued that to divide this property causes riparian lot rights, which is a policy problem. There being no further discussion. Commissioner Hassel moved. Commissioner Wilson seconded, a motion to recommend denial of the request by Joe Braun for preliminary approval of the subdivision because the lots do not meet tP^ 100 rc. minimum lakeshore lot width requirement. The Commission also recommended that the Council should keep in mind that this subdivision has been in process for a very long time. JOE BRAUN #002 (con't) MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 6 Motion * Ayes (4): Wilson, Hanmerel, Hassel and Frahm; Nays (2): Hurr and McDonald. The motion passed. Chairwoman McDonald announced this was the time and place for a Public Hearing on the petition of William Bartig for preliminar approval of a subdivision at 605 Stubbs Bay Road North. The Zoning Administrator presented the Notice of Public Hearing and the Affidavit of Publication. The Zoning Administrator explained that the original site Is 20.1 acres and the proposed subdivision wil^ br, jfor one lot of 7.3 acres and one lot of 12.8 ac. as. Both lots would meet the five acre minimum lot area requirement. Fred Halasek, 3825 - 6th Avenue North, property owner to the west, expressed concern about the access from County Road #6 being so close to his house. The Zoning Administrator referred to the January 16, 1978 letter from the City Engineer which suggested providing a 27 ft easement for access for the westerly property which, along with the existing 33 ft. dedication along the west property line, would provide a 60 ft. wide access. The letter also discouraged any additional traffic flow onto County Road The Zoning Administrator added that the City Engineer indicated the 27 ft. could be vacated if this area is never used. He also sc^i^ed the County called him and indicated they were vexry concerned about any additional traffic flow onto County Road y/6. Duke Schneider, representing Mr. Bartig, was present and informed the Commission that the westerly parcel will be connected with the 33 acre parcel to the south. In reply to a question by Mayor Van Nest, Mr. Schneider stated the south property has access onto Stubbs Bay Road, adding that there is no Intent of building on this site. The Zoning Administrator commented that the combina­ tion of the westerly parcel with the south property has not been mentioned before. The Commission addressed the drainage easement. The Zoning Administrator replied that the City Engineer did not seem very concerned etbout this because of the size of the parcels. JOE BRAUN #002 (con* t) PUBLIC HEARING-7;45 P.M. WILLIAM BARTIG 605 STUBBS BAY RD. N. SUBDIVISION (PRELIM.) #343 i. ! • i i MINUTES OF A PLANNING COMMISniON MEETING HELD JANUARY 16, 1978 - PAGE 7 The Cotnmission discussed the issue of requiring a 60 ft. wide access easement along the westerly property line as required by ordinance or waiving this requirement. WILLIAM BARTIG #343 (con* t) The Commission addressed the setback of the existing house. Mr. Schneider stated he did not know how far the existing house was from the property line. The Zoning Administrator stated the side yard setback requirement is 50 ft. and the City Engineer had scaled the map and felt the house was about 50 ft. from the property line. He also informed the Commission there is no wetlands here. He recommended that provisions should be made for any future development and that the 27 ft. should be required along the east side of the right-of- way along the west property line. The Commission was concerned about possibly landlocking the westerly parcel and about providing that parcel with good access. Mr. Schneider asked what would be required for this property to be combined with the southerly property so the 27 ft. would not have to be provided. He informed the Commission that he and Mr. Bartig had discussed the fact there was common ownership to the south. ft. The Zoning Administrator explained it is the City's obligation to require access which, according to the ordinance, would have to be 60 wide. He added that the City Engineer seemed concerned about this access and additional traffic problems on County Road #6 and State Hwy #12. After all the public were heard, the Public Hearing was closed at 9:10 P.M. Commissioner Hassel commented that the desire to access seems to be to the south, even with the addition of the southerly parcel. There being no further discussion. Commissioner Hassel moved. Commissioner Hurr seconded, a motion to reconmend approval of the request by William Bartig for preliminary approval of the proposed subdivision with the understanding that: .MINUTES OF A PLANNING COMMISSION MEETING HEID JANUARY 16, 1978 - PAGE 8 1) A road and utility easement of 27 ft. be provided along thp west property line adjacent to the existing 33 ft. easement; and 2) A lot width variance be granted along the easterly property line along Stubbs Bay Road; and 3) The westerly parcel be combined with the parcel to the south; and 4) The east property provide a 60 ft. wide access for the westerly parcel since at this time there is no requirement for 27 ft. for access on the south parcel. After further discussion Commissioner Hassel with­ drew the motion. Conmissioner Hurr moved, Commissioner Hassel seconded, a motion to table the request for pre­ liminary approval of the proposed subdivision to consider combining the westerly parcel with the southerly parcel and to determine if the 27 ft. should be run through the southerly parcel as well as the westerly parcel. Motion - Ayes (6); Nays (0). The motion passed. The concensus of the Commission was to approve the subdivision if the 27 ft. easement runs through the south parcel and that the westerly parcel is combined with the south parcel. The Commission pointed out that if the property was subdivided so the easterly parcel would be only 5 acres rather than the proposed 7.3 acres, the westerly parcel then would be 15 acres and could be subdivided into 3 parcels rather than only one as proposed. Chairwoman McDonald announced this was the time and place for a Public Hearing on the petition of Dr. Thomas Leach, for preliminary approval of a subdivision at 2535 Shadywood Road. The Zoning Administrator presented the Notice of Public Hearing and the Affidavit of Publication. He informed the Commission that the applicant is asking for a conditional use permit to construct a duplex. He added that a conservation and flowage easement would be required. Also, he stated the County had called him this afternoon regarding this subdivision and suggested one common access be used for the two business and professional buildings and for the duplex. WILLIAM 3ARTIG ym3 (con't) PUBLIC HEARING-8:00 P.M. DR. THOMAS LEACH 2535 SHADYWOOD ROAD SUBDIVISION (PRELIM.) #344 I MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 9 In his letter of December 20, 1977, the City Engineer suggested a 30 ft. wide easement along the southeast property line for a future storm sewer system. However, in another letter dated January 6, 1978, he suggested that a 15 ft. wide easement probably would be sufficient because there is a 20 ft. wide sanitary sewer easement centered on the storm sewer easement. Dr. Leach stated he was not aware of the access suggestions by the County. The Commission addressed Lot 3 being dedicated to the City and the request for a conditional use pemut for the duplex. After all the public were heard the Public Hearing was closed at 9:27 P.M. The Zoning Administrator informed Dr. Leach that the City would require a conservation and flowage easement for the conditional use permit if Lot 3 was not dedicated to the City. The Commission addressed the access for Lot 2. Dr. Leach stated that the natural topography favors the access where it is shown on the map along the northwesterly property line. He added that it would be a problem to have an access between Lots 1 and 2 because the slope there is about 45° and between Lots 1 and 2 there are a few spruces which block traffic on the road as it comes up the hill. He also stated the division line is where it is to meet the minimum lot area requirements and the access for Lot 3 will be along the north part of Lot 1 which is perfectly level. He added that he is prepared to begin immediately. Mayor Van Nest commented that because of the topography it would be difficult to have a common driveway. The Zoning Administrator felt the conditional use permit should be addressed if the duplex meets the area and lot width requirnments. He felt the only problem was the access onto County Road #19. There being no further discussion, Consnlssloner Wilson moved. Commissioner Frahm seconded, a motion to recommend approval of the request by Dr. Thomas Leach for preliminary approval of a subdivision subject to the following conditions: DR. THOMAS LEACH #344 (con't) «• * 1 .MINI * OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 10 (1) (2) n) (4) ' i applicant work with the Coimty regarding Issue of access; and 2 applicant provide a flowage and wetland ’.ement; and A ij. ft. easement be provided along the southeast property line of Lots 2 and 3 for drainage and utilities, to be approved by the City Engineer; and The applicant provide an easement for access for Lot 3. The Commission did not favor Lot 3 being donated to the City and approved the conditional use permit for a duplex including a park dedication fee of $2,000 - $1,000 for each unit. Motion - Ayes (5); Nays (0); Abstain (1): Hassel. The motion passed. Mr. Sandy Ritter, from Crosstown Properties, was present. Commissioner Hassel stepped down from the Commission during the discussion of this item because he had a conflict of interest. The Zoning Administrator explained that the final plat applies only to the portion of the property which is in Orono and that the wetland easements are provided for in the outlets. He also explained that nothing has changed from the past plat. Commissioner Wilson asked what the City of Minne­ tonka Beach had done about access to the lake. Mr. Ritter replied that this is still being con­ sidered by the LMCD. Also, he stared that the City Engineer recommended all the water come from Orono because there are two different systems between Minnetonka Beach and Orono which cannot be interconnected. He added that the roads will be private. The Zoning Administrator addressed the Articles of Incorporation of Lafayette Ridge Homeowners Associa­ tion, Declaration of Covenants, Conditions and Restrictions, and Bylaws of Lafayette Ridge Home- owners Association, which had been included in the Commissioners' packets. Mr. Ritter submitted flowage and conservation easements and utility and road easement locations. There being no further discussion. Commissioner Frahm moved. Commissioner Hammerel seconded a motion, to recommend approval of the final plat of Lafayette Ridge contingent on the following: DR. THOMAS LEACH #344 (con't) CROSSTOWN PROPERTIES (LAFAYETTE RIDGE PLAT) 3201 NAVARRE LAliE FINAL PLAT APPROVAL #266 i MTNUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 11 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Water utility be provided by the City of Orono with approval by the City of Minnetonka Beach; and Sewer be provided by Orono for the five lots in Orono and by Minnetonka Beach for the lots in Minnetonka Beach; and Outlot G be designated as private access and cul-de-sac; and Flowage and conservation easements go over Outlot C and be approved by the City Engineer; and Drainage and utility easements be approved by the City Attoitiey; and The 33 ft. road easement remain along County Road #15 and Navarre Lane; and The park dedication fee be paid - $1,250 ($250 per lot); and The plat be approved and certified by the City of Minnetonka Beach; and Assessments for water to Minnetonka properties be reviewed by the City Engineer and approved by Council; and Outlot B be designated commons area. CROSSTOWN PROPERTIES #266 (con* t) hfotion - Ayes (5); Nays (0); Abstain (1); Hassel. The motion passed. Mary Weinzierl, representing Mr. Eckstrom, was present. The Zoning Administrator explained that this was final approval for the plat. He pointed out that there was a mistake in the legal description of the driveway easement. He also stated there are no changes on the final plat and that the title opinion had been addressed to the City. DON ECKSTROM 2140 SIXTH AVE. NO. SUBDIVISION FINAL PLAT APPROVAL #299 Commissioner Wilson commented that the title opinion was dated back in 1970 and that the infoinnation would have to be brought up to date. The Zoning Administrator also commented that the park dedication fee has not been paid. There being no further discussion. Commissioner Hassel moved. Commissioner Hammerel seconded, e motion to recommend approval of the final plat for the Eckstrom Subdivision subject to the following: (1) (2) (3) The park dedication fee must be paid; and The City be provided a current title opinion; and A driveway easement be provided with the correct description. Motion - Ayes (6); Nays (0). The motion passed. MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 12 Fred Herfurth, representing Douglas Dayton, was present. The Zoning Administrator explained that part of this will be part of the Tanglewood Subdivision which presently is before the Council. He pointed out that it is Lot 2 which is part of Tanglewood. FRED HERFURTH (DOUG DAYTON) 1480 SIXTH AVENUE NORTH SUBDIVISION FINAL PLAT APPROVAL #307 The Coninlssion discussed the final plat providing easements to continue into Tanglewood. The Com­ mission also addressed the title opinion and the County approval for access onto County Road #6. There being no further discussion, Conmissloner Hassel moved, Conmissioner Hurr seconded, a motion to recommend approval for the final plat for the Douglas Dayton subdivision subject to the following: (1) The County approve access onto County Road #6; and (2) The park dedication fee be paid; and (3) A title opinion be addressed to the City; and (4) The following variances be granted: a. b. A 32.8 ft. side yard variance for the house which is 17.2 ft. from the west property line of Lot 1; and A 40 ft. variance from the east line of Lot 1 so the bam will conform to the 150 ft. requirement. Motion - Ayes (6); Nays (0). The motion passed. Mr. Reiling reviewed the proposal. The Zoning Administrator informed the Commission that the City has been provided with the title opinion and driveway easement. BERNARD REILING 4480 FOREST LAKE LANDING SUBDIVISION FINAL PLAT APPROVAL #324 There being no further discussion. Commissioner Hassel moved. Commissioner Frahm seconded, a motion to recommend approval of the final plat for the Bernhard Reiling subdivision contingent on the following: (1) The tlt'.e opinion be addressed to the City; and (2) Driveway easements be provided. Motion - Ayes (6); Nays (0). The motion passed. Dr. J. M. Wood, director of the Freshwater Biological Institute, Ron Novak, contractor for the project from Mini Dredge, Inc., and Dave Diederich, 2420 Old Beach Road, were present. WEST SHORE LAFAYETTE BAY ASSOCIATION 2440 OLD BEACH ROAD DREDGING & DISPOSAL OF SPOILS #319 minutes of a planning commission meeting held JANUARY 16, 1978 - PAGE 13 explained he had received presence of a wetland. to. Diederich passed out two letters, one from dIted°lt28-77. Dr. Wood reviewed his letter explaining procedures of supervision of the project. He indicated the water from the dredge could be retained by tempor- Road^ sealing off the culvert under Old Beach ^ Road. He also felt the level of the wetlands thpi"* be elevated a few inches. He stated nitrogen and phosphorus wetlands, adding that the dredging a holJ? *»®®ause the wetlands can be used fs ^ Minnetonka. He also stated that during ^is dredging activity they would examine the l^d lL the Super Value parking lot and study lead and oil contamination of the wetlands. around^'^h^ study what affect the cars driving around the lake have on the quality of the lake. ^ planned to dispose «L^«d ^ dredged from the channel. He Tce^ta^^^Lwod ‘'2a certain period of time to allow the dredged Mterial to settle out of the water. Also they exceed the*7 day average of .75 ft. of slurry would be deposited in the spoil area daily and ^ would be filled to 70% of total capacity Ifter L^d^f pumping time. After the 7 days of blck^infn^'^K^ decanting the water daily *8 process would continueuaiiy until the project is completed. to. Diederich stated there are two processes; i; in the holding area water will be held; and decant into the marsh where the nutrients will dissolve. Conmlssloner Frahm felt the rate of flowage was high. WEST SHORE LAFAYETTE BAY ASSOCIATION 2440 OLD BEACH ROAD DREDGING & DISPOSAL OF SPOILS #319 ■1 MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 14 Dr, Wood cited situations in Wisconsin where four h-'lding ponds began with solids and ended up with clear water. Chairwoman McDonald asked if rain would slow this process down and if there would be more weed growth where it goes into the lake. Dr, Wood stated the lake would be clearer. However, as the sun penetrates to the bottom of the lake there would be more growth. He also stated that the rain would at times affect the process, Mr, Novak stated the rain will not affect the solids, but will affect the nutrients. Commissioner Frahm questioned that there would be sediment all over the pond area since it is being pumped. He felt that when it fills for seven days they should then stop for seven days, Mr, Novak replied they are following the guidelines set by the Minnesota Pollution Control Agency, Chairwoman McDonald inquired about the testing and how often it would be done, Mr, Novak informed the Commission that the FWBI will be testing the water quality of the return water continuously and if necessary the dredging would cease if they were not meeting the water quality standards. He also stated when the project is completed the spoil area will be drained of all water, the dredged material would be leveled off and the area could be seeded so it will appear as it does now. Mr, Novak passed out a map indicating the elevation of the spoils and the suspended solids after the seven day period. Dr, Wood stated it would be adequate to test about 100 times a day. Commissioner Hammerel stated he thought this area was unique with the FBWI property on the edge of this area, adding that they are trying to restore the lake to a nice residential area. WEST SHORE LAFAYETTE BAY ASSOCIATION #319 (con't) Mayor Van Nest stated he is opposed to opening up a new access, but he also felt the natural naviga- tible access should be maintained. He added that for a channel is standard policy and that there is not an ordinance to disallow dredging. He stated that in the past a riparian owner had the right to upgrade and improve the shoreline. ll !l mNUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 15 Chairwoman McDonald felt this would be setting a precedent. A lengthy discussion of the dredging project followed. Including the matter of dredging rights. WEST SHORE LAFAYETTE BAY ASSOCIATION #319 (con't) Mr. Novak showed the Commissioners where the area to be dredged would be. He stated that by the time the water reaches the lake It will meet the State requirements. He also stated they will use the Mud-Cat vacuum method of dredging. Dr. Wood stated they would like to do this before the weeds start, possibly In May. There being no further discussion. Commissioner Hassel moved, Commissioner Frahm seconded, a motion to table the request fov dredging so the applicant could package up Into a more easily understood form the dredging infojmnation Indicating the pro­ tections and precautions to be taken and to have this prepared previous to the next Planning Coimnlsslon meeting so the Commissioners could review this Information. Motion - Ayes (6); Nays (0). The motion passed. The Planning Commission informally indicated their conceptual approval of the project based upon specific representations made by the applicants and their representatives, so the association could decide if they wanted to submit the necessary applications to other agencies. The vote was not unanimous. The Zoning Administrator explained the request by George Dixon for a conditional use permit to construct a guest house. He explained that a building permit already has been Issued for the main building and the garage. The area exceeds the minimum 10 acre area requirement and the 75 ft. minimum setback requirement from the lakeshore. He added that the property is large enough for two structures and would not be detrimental to the public. However, the two structures would be too close together for any future subdivision. GEORGE DIXON 3250 FOX STREET CONDITIONAL USE PERMIT GUEST HOUSE #347 Mr. McNulty, contractor, stated the guest house will not be used an an income structure. Commissioner Frahm questioned the location of the septic system being so far from the house. The Zoning Administrator stated the location of the septic system would be up to the City Engineer. ( I MINUTES OF A PLANNING COMMISSION MEETING HELD JANUARY 16, 1978 - PAGE 16 There being no further discussion, Commissioner Hassel moved. Commissioner Hammerel seconded, a motion to recommend approval of the conditional use permit to allow construction of a guest house on the property at 3250 Fox Street, subject to the following: GEORGE DIXON #347 (con't) (2) (1) The applicant provide a certified septic system design; and The guest house will not be used as Income property and will be used for guest house purposes only; and The size of the structure is not to exceed the dimensions Indicated on the plan. (3) Motion ** Ayes (6); Nays (0). The motion passed. The Commission reminded Mr. McNulty that he cannot remove any trees or do any grading or filling within 75 ft. of the lakeshore. At 12:34 A.M. Commissioner Wilson moved. Commissioner Hammerel seconded a motion to adjourn the meeting. Motion - Ayes (6); Nays (0). The motion passed.