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HomeMy WebLinkAbout02-27-1978 Planning Minutes■' A. Jl^I AGENDA PLANNING COMMISSION MEETING OF FEBRUARY 27, 1978 COUNCIL CHAMBERS - 7:30 P.M. I. CURRENT ITEMS A. Action Items 1. Call 2. Roll 3. #352 4. #354 - 5. #356 - 6. #217 - 7. #346 - t.... 8. #349 - 9. #350 - XO. #353 - 11. #355 - li. #357 - to Order Call - Public Hearing - 7:30 P.M. - Reboning - RR*^1B to Indus. Byrdie Robb - 2805 Wayzata Boulevard Public Hearing - 7:45 P.M. - Subdivision (Preliminary) Roger and Dan Fazendin - 2700 - 6th Avenue North Public Hearing - 8:00 P.M. - Subdivision (Preliminary) Karl Gardner - 2885 - 6th Avenue North Robert Birkeland - 1298 Wildhurst Trail Dredging Reconsideration - If Necessary Data Submitted Paul Raster ** 2600 Casco Point Road Subdivision (Preliminary) " If Necessary Data is Submitted Paul Berglund - 4460 North Shore Drive Variance - Lot Area and Width Kelly Avenue Holding Company Joint Use Dock Application for 1978 Donald Phenicie - 3765 Togo Road Variance - Lot Area & Width, Side Setbacks & Rear Setback Ray Waterhouse - 132 Chevy Chase Drive Wetlands Variance - Structure Location in Wetlands Dennis Platteter '• 809 Brown Road North Variance - Stable Setback Variance & Conditional Use Permit for Horses :i, -yi A •3iSc 13. 14. #358 - Tim Adams - Farm at Long Lake - 820 Brown Road North Variance - Zoning - Shoreline Requirement Minutes of Regular Meeting of Novendl>er 21, 1977, January 16, 1978 and February 6, 1978 B Incomplete Items 1. #333 - 2. #294 - Thomas Lyon - 4790 North Shore Drive Variance - Lot Area James McCIeary - 3445 Bayside Road - Lacks Additional Data Dredging Application for Stubbs Bay Marina Colpepper Land Co. (Neslund) - 40 Orono Orchard Rd. N. Subdivision (Preliminary) - No Revised Plan Sidney Rebers - 2060 Wayzata Boulevard Subdivision (Preliminary) & Rezoning West Shore Lafayette Bay Association 2440 Old Beach Road - Dredging & Disposal of Spoils Richard Ledstrom - 3405 - 6th Avenue North Subdivision (Preliminary) Agenda Planning Cora February 27, "age 2 tlsslon 1978 mW\2 • • • • : ' • .' j II. COMPLETED ITEMS FOR COUNCIL •• . ■ V: •.i: U.,| A.#340 - .Calvaxy Memorial Church - 2420 D\inwoody Avenue Conditional Use Permit - Transfer and Expansion To Be Considered - William Bartig - 605 S'ti^bbs Bay Road North Subdivision (Preliminary) To Be Considered - Arthur Heintz - 1565 Orchard Beach Road Variance - Lot Area and Width To Be Considered Don Lindall - 666 Tonkawa Road Request for Assessment Waiver - Concurred • tt ■t i CITY OF ORONO, MINNESOTA REGULAR PLANNING COMMISSION MEETING HELD FEBRUARY 27, 1978 •r! The Orono Planning Commission met on the above date ^^ith the following members present: Commissioners ^^P^ilson, Hammerel, Hannah, Frahm, Hurr and Chair­ woman McDonald. Commissioner Hassel was absent. Also present was Zoning Administrator Hank Muhich. The Zoning Administrator presented the affidavit of publication and the certification of mailing. He reviewed the information the Commission had received in their packets including information from the Chief of Police and the City Engineer. He stated this parcel is just west of Old Crystal Bay Road. He reminded the Commission that the following items should be considered: 1) the existing Long Lake sewer lines might not be sufficient to service this area; 2) there is an existing traffic problem at the intersection of Hwy #12 which services the Orono school property; 3) before this property could be rezoned, the City would have to amend the Comprehensive Land Use Plan. Mr. Stan Frost, 521 N. Willow Drive, representing ^^yrdle Robb, and Don Sjostrom, attorney for Van Dale, the potential buyer for the property, were present. Mr. Sjostrom explained the sale of the property Is contingent on the rezonlng of the property. This property Is desirable for long range expansion, but at this' time Van Dale does not have any definite plans for its use. He connected that with the Van Dale operation there is no industrial waste, adding that he understood the question of sewer availability, but that there is the possibility they could put in their own sewer system in the future. He stated they have purchased the property from the beer warehouse which is across the street. a Chairwoman McDonald pointed out there could be less need for sewer if the property is zoned and used for an industrial use rather than for a multiple residential use. The Zoning Administrator stated that if the property is rezoned this roperty could be owned at some future time by nother industrial firm with a greater need for sewer than would exist with a multiple use. Commissioner Hammerel questioned if at this time it would be necessary to address sewer access, traffic lights, etc. ine ^ ATTENDANCE - 7:30 P.M. PUBLIC HEARING-7:30 P.M. BYRDIE ROBB 2805 WAYZATA BLVD. REZONING #352 • V mr i^UTES m The Zoning Administrator felt these points were important, to discuss at this time because this roperty could be sold to another industrial roperty owner at a later date. Again, he reminded the Commission that if the vote is favorable the City would have to amend the Comprehensive Land Use Plan. BYRDIE ROBB #352 (con*t) Commissioner Hurr stated the Council would have to amend the Comprehensive Land Use Plan and thus indicate that the property would be considered a good location for industry. The following questions should be resolved: 1) is industrial an appropriate use for this property; 2) what is the timing for this use. Jim Olson, City Engineer, recommended the Com­ mission consider if this area is appropriate for an industrial use and if so, they should amend the Comprehensive Land Use Plan. Mr. SJostrom commented that Van Dale is on its own septic system at the present time. OIn reply to a question from the Commission, the onlng Administrator stated he had no complaints about Van Dale dumping into the sewer, etc. Commissioner Hurr felt there were several questions as to the best use of this land. She stated that At one time this area had been considered for low and moderate Income housing. She also questioned if there could be a request for rezoning the property between Hwy #12 and the railroad tracks west of the subject property. Mr. SJostrom asked the Commission if they could give conceptual approval at this time. The Conmission expressed concern that Van Dale would not always be the owner of this property and that they could not give conceptual approval at this time. The Zoning Administrator stated that within the current zoning, the density would be one unit for 2 acres if this were to be developed as residential. a fter all the public were heard, the Public Hearing as closed at 7:58 P.M. *'■■■ •••■is;. • >.■ % 1 minutes of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 3 il Commissioner Wilson moved. Commissioner Hurr seconded, a motion to recommend denial of the request for rezoning by Byrdie Robb because the pommission did not feel they had sufficient information as to the use of the property in order to address the sewer and traffic issues. However, they encouraged Van Dale to discuss this roore with the City and give them more information regarding amending the Comprehensive Land Use Plan. Commissioner Hannah suggested tabling the proposal which would give the applicant additional time to provide the Commission with more information, whereas if the request is denied the applicant would have to wait for six months and then reapply. He thought some consideration should be given to the $250 fee paid by the applicant. The Zoning Administrator added that a new application ''^ould have to be submitted to amend the Comprehensive Land Use Plan and suggested a committee be appointed to review the Comprehensive Land Use Plan. He pointed out on the City map what areas are presently zoned industrial. '^Commissioner Htirr felt they should look over all the Industrial property in Orono and not just spot ; .zone In one area. Commissioner Wilson withdrew the motion. Conmlssioner Hannah moved. Commissioner Hammerel seconded, a motion to table the request for rezonlng pending the Planning Commission's review of the Comprehensive Land Use Plan, and that the Commission will Inform the applicant as to any additional Information which may be required regarding the rezonlng of this area, and that a conmlttee be appointed to review the Comprehensive Land Use Plan. Motion - Ayes (6);- Nays (0). The motion passed. Dan Fazendln was present. BYRDIE ROBB #352 (con* t)11 The Zoning Administrator presented the affidavit ^•f publication and the certificate of mailing. WIb explained this property Is a 21 acre parcel to be divided Into 2 parcels. One parcel will be 15.88 acres with 10+ dry bulldable acres. The other parcel will be 5.1 acres with 5+ dry bulldable acres. PUBLIC HEARING-7:45 P.M. ROGER FAZENDIN 2700 - 6TH AVENUE NORTH SUBDIVISION (PRELIM.) #354 j minutes of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 4 € There is an area of wetlands which will be designated as conservation and flowage easements. The existing ^riveways have been approved by the County nd additional driveways would have to be approved by the County. Also, both parcels exceed the 200 ft. minimum lot area width requirement. This could be a simple subdivision since both parcels exceed 5 acres. However, he referred to the 40 ft. .• 150 ft. area for the possible future access for the Hennepin County Vo-Tech. He addressed the report submitted by the Hennepin Soils & Water Conservation District which was sent to the Commissioners along with the 2-22-78 letter from the City Engineer, the 2-28-78 letter from the MCWD and the 2-27-78 letter from the Hennepin County Department of Transportation. After all the public were heard, the Public Hearing was closed at 8:17 P.M. Jim Olson recommended that prior to final approval there should be a perc test to provide for one primary and one secondary satisfactory on-site septic system for each parcel. O ommissioner Hannah moved. Commissioner Frahm seconded, a motion to recommend approval of the request for preliminary approval for a subdivision by Roger Fazendin at 2700 - 6th Avenue North, contingent on the following: A current title opinion be addressed to the City and certified by the City Attorney; and All easements and dedications be certified by the City Attorney and City Engineer; and Dedication of conservation and flowage ease­ ments over wetlands over Lot 1 be provided and certified by the City Attorney and City Engineer; and Evidence be submitted and certified by the City Engineer to indicate a suitable location for both primary and alternate drainfields on each lot; and Access locations onto County Road #6 be provided and certified by the Hennepin County Public Works Department; and A revised plat be provided to indicate an additional 10 ft. easement along County Road #6 including provisions for the 40 ft. x 150 ft. area for future access to the Hennepin Cotmty Vo-Tech property, certified by the Hennepin County Public Works Department; and ROGER FAZENDIN #354 (con* t) I OF A PLANNING COMMISSION MEETING HELD FEBRl Delation ^ along all lot U^Lf Motion - Ayes (6); Kays (0). The motion passed. Zonln»^L*^? f ^>y Commission Hurt, the Stated the access to the S?2nslo Vo-Tech property was to be anextension of Stubbs Bay Road. Administrator presented the affidavit of publication and the certification of maU^ngf 1, Block 1 and Lot 1, Block 2 will access onto Jamestown Road which is a private roaf Md ^ts 2 and 3. Block 2 will L se^lcef^y rae driveway onto County Road #6. Also theL ^is"pr:ew:sihr th^ppu^" r the certlfifat^ easements. He addressed lln. Ai “8ht-of-way along the north property »' 525? P.J **® ’'“® concerned that the current A^Sr?fcV*J providing access to Liberty Acres lacked an association agreement as to who could use the road. He addrefsefSe “istine "**^“*' service Lot 1, Block*l Sbe^*Acr“‘*p?;t!''°‘='' ^ M65 *"» *"** ®*"®8 R"*®**. werf Ss^r* ’ had not seen a copy of the plat and questioned the egress and inereL of pS^atf-J® Jamestown R?a“was a /^uld access from^Ja^f °5 proposed lotsG^4 Jamestown Road. The Zonine L^l^’niock^®**’^?^®'* 1 and* would access from Jamestown Road. ROGER FAZENDIN #354 (con*t) PUBLIC HEARING-8;00 P M KARL GARDNER #356 " avenue north 2S^. MIpTES OF A PLANNING COMMISSION MEETING HELD FEBRUARY 27, 1978 - PAGE 6 #» Mr, Rusch's father stated the property owners in Liberty Acres each paid 1/5 of the cost to put in the road and to maintain it and he felt there should e some type of compensation paid by the new users of the road to compensate the five homeowners who already have paid the original cost and upkeep of the road. Mr. Gardner replied he owns the property where the road is located and that the agreement he had was for the road to provide egress and ingress. He felt the developer of Liberty Acres had the sole responsibility, Mr, Rusch's parents stated that was not so and that the responsibility is on the homeowners in Liberty Acres. Chairwoman McDonald Informed the Ruschs that the responsibility of the road was a private matter and the interested parties should resolve the problem. She added that the City would request a copy of the agreement providing for access onto Jamestown Road and the responsibility to the road. Mr. Rusch's parents felt it would be a great injustice if the access was approved as submitted. The Zoning Administrator referred the Commission o his original memo which had indicated this could be a problem. He added that it is the City's obligation to see that all these properties have access onto the road. Jim Olson felt It would be In the best Interest of the City to have the access for the proposed lots onto Jamestown Road and not onto County Road #6. The Zoning Administrator explained the variances which would be required. Including: 1) the existing windmill on Lot 3 which Is only 13.2 ft. from the property line and would require a 16.8 ft. variance; and 2) the existing milk bam on Lot 2 which would require a 2 ft. variance. After all the public were heard the Public Hearing was closed at 8:27 P.M. Ct Comalssloner Frahm nK>ved, Commissioner Hanmerel seconded, a motion to reconmend approval of the request for prellnilnary approval for a subdivision y Karl Gardner at 2885 -> 6 th Avenue North with 'the following stipulations: 1) 2) Payment of the park dedication fee of $1000 An additional 10 ft. easement be provided along County Road #6 for a 50 ft. right-of- way, certified by the County Public Works; and KARL GARDNER #356 (con* t) ■I * MINOTES of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 7 10) *Jg| A current title opinion be addressed to the City and certified by the City Attorney; and Association by-laws and agreements be certified by the City Attorney; and Driveway, drainage and utility easements be approved by the City Engineer and City Attorney; Evidence be submitted to provide adequate on-site septic systems and alternate drainfields for each parcel and be approved by the City Engineer; and Access for Lots 2 and 3, Block 2, be approved by Hennepin County; and A 16.8 ft. side yard setback variance be granted on Lot 3 for the existing windmill; and A 2 ft. side yard setback variance be granted on Lot 2 for the existing milk bam; and Access for Lots 1, Block 1 and Lot 1, Block 2 be resolved and approved by the City Engineer. KARL GARDNER #356 (con*t) and Motion - Ayes (6); Nays (0). The motion passed. Mr. Birkeland was present. The Zoning Administrator stated this issue was before the Planning Commission before and a mora ^^orium had been called. He stated Mr. Birkeland has indicated this is only maintenance dredging of the existing channel. Chairwoman McDonald asked what type of dredging would be used, adding that the LMCD's 6-6-77 letter recommended using the suction type system. Mr. Birkeland replied that in the past he has used the drag line method and that he plans to use the dredge material to backfill around his house for landscaping which will be about 125 ft. from the lakeshore. The Zoning Administrator suggested Mr. Birkeland dispose of the dredge material and not backfill,' because of the great expense. Chairwoman McDonald asked why the dock was not in the front of the property. Mr. Birkeland replied if the dock could not be as planned it could not be used and would not be of any use to him. CE e Commission reviewed the LMCD's recommendations egarding the dredgj g done before at which time it had been suggested that no more dredging be done in the future. '' 4 Mr. Birkeland stated the County must do maintenance dredging on their channels and that he is only asking MINUTES OF A PLANNING COMMISSION MEETING HELD FEBRUARY 27, 1978 - PAGE 8 to do the same thing. He added that he would like to do this dredging only so that he can use the channel. ROBERT BIHKELAND #217; (con*t) The Zoning Administrator stated the actual area at the bottom to be dredged is about 25 ft. with about 40 ft. on each side. Mr. Birkeland added that it will be about 6 ft. deep. Commissioner Frahm commented there had been some illegal filling of the wetlands. 4^. '■ Mr. Birkeland stated he has never used thesuction typi system and did not know the costs and would have to check into this. He stated in the past he has used the dredge material for fill. .'' -vV; •.; r : : '. :v •!’ The Zoning Administrator reminded the Commission that if this request is approved it would be the first maintenance dredging allowed where the spoils was not hauled away.f’V* O Mr. Birkeland explained he has a 24 ft. pontoon and when the lake level is low he cannot get the pontoon in and out of the lake, which is the eason why he is asking to dredge 25 ft. wide and 6 ft. deep. Chairwoman McDonald informed Mr. Birkeland that it must be in the best public Interest to do any maintenance dredging. The Commission felt to dredge a 50 ft. channel was too large an area for just one boat. Mr. Birkeland responded that the channel Is a picturesque area which Is used by fisherman as well as wildlife In the area. He again stated he Is only asking to maintain what already Is there. He Informed the Conmlsslon that the other agencies have already approved this application, adding that he did not feel the dredging would be detrimental to the lake or the public who use the area. The Commission felt Mr. Birkeland should check Into the suction type of dredging as Indicated In the IMCD letter. Mr. Birkeland agreed to do this and stated In the past when he dredged there was almost no water with the silt. O.The Commission discussed the suction process. Hie Zoning Administrator reminded the Commission of the City ordinance requiring the fill be no closer than 1000 ft. from the lakeshore. -- -,w-.■■fa -.. - - - -i •minutes of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 9 Mr, Birkeland stated dredging of the channels has made the lake the attractive and interesting lake ^hat it is today. He added that he is only ^Iredging out lake muck. Chairwoman McDonald commented stirring up the lakeshore will promote weed growth. ROBERT BIRKELAND it There being no further comments. Commissioner Wilson moved, to recommend approval of the dredging application by Robert Birkeland provided; 2) 3) the applicant maintain a 6 ft. depth from the water line; and the total channel not exceed 25 ft. in widtn; and no dredging be done until an adequate plan for storage of silt is approved by the City Engineer. Conmissioner Hurr asked why Mr. Birkeland dredged only one side of the channel in 1972 and the other side at a later date. Mr, Birkeland replied it was for financial reasons and because of problems with the actual excavation. Chairwoman McDonald stated she would like to know he location of the spoils before voting on the request. She added that the Commission has had this request before over one year ago and it is still unclear if the chaimel will be 25 ft. wide or 50 ft. wide. Commissioner Hannah questioned the feasibility of using the suction type system at this location. The motion died for lack of a second. Commissioner Hurr moved. Commissioner Hannah seconded, a motion to table the request for dredging by Robert Birkeland until the following data is submitted: © a plan of the existing channel and the proposed channel including depth, width and length; and which dredging system is to be used and a plan for each Including proposed location of spoils deposit, topography, protection measures and shoreline setback. Motion - Ayes <6); Nays (0). The motion passed. Mr. Paul Raster was present. The Zoning Admin istrator explained that this request had been tabled at the last meeting. ♦ i j -■Mi- ■ K. ...SI r ■■ Ov, * V ■', • •• . i A PAUL KASTER 2600 CASCO POINT ROAD SUBDIVISION (PRELIM.) #346 MIWITES PAGE 10 He reviewed the newly submitted information, noting that the new plan shows a soil erosion plan. PAUL RASTER #346 (con* t) im Olson stated the plan provided for a 10 ft. wide utility and driveway easement, and suggested 15 ft. be provided for better support of the bank along the driveway. Mr. Raster stated he had no objection to a wider easement, but felt the extra width would mean removing more trees. Commissioner Frahm moved. Commissioner Hammer el seconded, a motion to recommend approval of the , request by Paul Raster for preliminary approval for a subdivision subject to the following con­ ditions : • t , 3) 4) O) 7) 8) payment of a park dedication fee of $1,000 per lot; and the drainage easement be approved by the City Engineer; and payment of one additional water unit of $580; and payment of 2 sewer unit charges of $225 each to be paid when the building permits are issued; and the driveway* easement be widened to 15 ft. and approved by the City Engineer; and a title opinion be addressed to the City and approved by the City Attorney; and only lot 2 have riparian rights; and erosion control plan;and sanitary sewer detail be approved by the City Engineer and City Attorney; and certified survey of the property indicating Casco Point Road as traveled, to be approved by the City Engineer and City Attorney. TsP ' Motion - Ayes (6); Nays (0). The motion passed. - The 2U>ning Administrator explained there were several variances being requested: 1) lot area; and 2) lot width. The lot now is occupied by a mobile home and 2 existing garages which are less than 75 ft. from the lake. There is no additional property to be purchased and the area is sewered. He reviewed the site plans. PAUL BERGLUND 4460 NORTH SHORE DRIVE VARIANCE #349 Richard J. Williams, representing Mr. Berglund, was present. He stated the trailer would have o be removed and that part of the house would 6e located where the trailer is now located. The Zoning Administrator suggested the approval of this request be conditioned on the trailer and the 2 garages being removed prior to the issuance of a building permit LL_ MimjTES OF A PLANNING COMMISSION MEETING HELD FEBRUARY 27, 1978 - PAGE 11 I Mr, Jabbour, representing Mr. & Jbrs. Abrahamson, 4455 North Shore Drive, was present. He asked if there would be a problem with complying with ^he minimum hardcover requirement. The Zoning Administrator stated it would exceed 25% of the hardcover and the 75 ft. setback requirement from the lakeshore. He commented he thought the proposal would be an improvement. Commissioner Hannah movsd. Commissioner Hurr seconded, a motion to recommend approval of the request by Paul Berglund for variances with the following stipulations: mm prior to beginning construction of the new home, the existing mobile home including the concrete slab must be removed; and the 2 existing non-conforming garages must be razed prior to construction of the new house, including removal of the concrete slabs. The Comnission based their approval on the fact no additional land is available, the property is sewered and has been assessed, and the proposed ^^tructure meets all setback requirements. Motion - Ayes (6); Nays (0). The motion passed. ^le Comnission reminded Mr. Williams that there will be no grading, filling, etc. within 75 ft. of the lakeshore. IMr. Lindsay was present. The Zoning Administrator stated he thought more docks could be installed that were indicated in the plans. Mr. Lindsay stated he was concerned more about the Hunger of boats that could be moored rather than the number of docks allowed. He continued that he would like to have one boat mooring place for each of the apartment and duplex dwellings on the 3% acre parcel, adding that they have 400 ft. of shoreline. Ct„e Zoning Administrator stated this is a planned .esidential development and that the current policy is to allow one dock for each 140 ft. of lakeshore. PAUL BERGLUND #349 (con*t)i* i f: I i P ':4 .. ■■ ■■ tV. .,'v '• ■ '■III^P KELLY AVE. HOLDING CO. JOINT USE DOCK APP. #350 uidJuJoECaiiai J minutes of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 12 The Commission discussed the LMCD policy and the City policy regarding the number of docks allowed ^ased on the amount of lakeshore and the lot area. KELLY AVE. HOLDING CO. y/350 (con*t) The Commission discussed the structures which are presently under construction. Commissioner Hannah felt that the 6 boats on the 140 ft. shoreline and 3% acres was consistent with the 2 docks allowed for one residential lot. He also stated that commonly, 400 ft. of lakeshore could have more than 6 boats. Commissioner Hannah moved. Commissioner Hammerel seconded, a motion to recommend approval of the joint use dock application by Kelly Avenue Holding Company based on the following conditions: 1) 2) • 3 docks be allowed to moor 6 boats; and each dock be allowed to be a maximum of 25 ft. in length and 5* 6** in width; and no stipulation be made concerning the distance between the docks. . ^Motion - Aye« (4): Wilson, Hainnerel, Hannah, •rahm: Nays (0); Abstain (2); Hurr and McDonald, rne motion passed. The Zoning Administrator addressed the several variances as requested. He stated there is no additional land available and the addition possibly would not have had to go before the Commission if the addition was not extending into the rear yard setback. DONALD PHENICIE 3765 TOGO ROAD VARIANCE #353 Mr. Phenicie was present. He stated that between the garage and house there is a breezeway and also an outside stairway. He pointed out on the survey ^^lat he planned to do. Mr. Gerald Mackey, 3745 Togo Road, was present. • t Chairwoman McDonald asked Mr. Mackey if he had any objections. After reviewing the plans he stated he did not have any objections. Commissioner Hannah moved. Commissioner Frahm jeconded, a motion to recommend approval of the •following variances as requested by Donald Phenicie at 3765 Togo Road: 1) 10,124 sq. ft. lot area variance 2) 20.5 ft. .lot width variance 1 r I. -.1 i'-.i '•;■ r^'v: • ■' . -. ' ■. -r; ,-- “ ; minutes of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 14 Mr, Platteter was present. e Zoning Administrator stated the proposed ocatlon of the stable will require a 60 ft, and a 20 ft, variance from the east and south lot lines respectively. He noted that in the past the City has had problems with the horses on this property extending over the fence and eating the neighbor’s vegetation before Mr, Platteter owned this property. Mr, Platteter pointed out on the survey the location of the fence and stated he is proposing to remove all the old fencing and replace it, * He explained there is a great slope which dictates why he is requesting a variance. He did not feel he could move the bam. He stated he plans to have 2 mares, 2 gildings and 2 arabians. The Zoning dministrator stated on this 7 acre parcel, 5 horses would be allowed with a conditional use permit. Mr, Platteter stated he has talked with some J>uilders who suggested the bam be 60 ft, x >0 ft, to accommodate the 4 ft, modulars. Hew explained these horses are show horses and do not eat off the bround because they are on a constant high protein feed. He added that he plans to keep any ponies for 1-2 years. Tim Adams asked how many acres of pasture there would be. Mr. Platteter replied about 3-4 acres. The Commission discussed the amount of dry land which could be used for pasture and how much was wetlands. Tim Adams stated they are only pasturing about \ of the property, adding that the wetlands is good for pasture and that the horses are there frequently. Q Chairwoman (fcDonald asked how much would be fenced, Mr. Platteter replied they plan 3 pastures, each 1/3 of the total area. Commissioner Hammerel sked if the fence would keep the horses from he nei^bor's vegetation. Mr. Platteter assured the Commission this would not be a problem. Commissioner Wilson stated he felt some provision should be Included to take care of any conq>laints. DENNIS PLATTETER 809 BROWN ROAD NORTH VARIANCE #357 •mjM jey M'. ■ ■ \ f • J. V**' « . MII^UTES of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 15 The Commission Informed Mr. Platteter that with a conditional use permit if there are any complaints one year the conditional use permit may "*ot be renewed. Commissioner Hannah moved. Commissioner Hammerel seconded, a motion to recommend approval of the variance request by Dennis Platteter with the following conditions: 2) 3) 4) the barn be located 90 ft. from the east lot line and 130 ft. from the south lot line the barn be 60 ft. x 60 ft. 5 horses only be allowed approval be conditional that if any complaints are received from the neighbors the conditional use permit be reviewed Motion - Ayes (6); Nays (0). The motion passed. Tim Adams, developer for the project, was present The Zoning Administrator instructed the the Commission that along with the variance request, Mr. Adams is also requesting final plat approval. e informed the Commission that Mr. Adams did not submit the final plat until 2->23-*78 which was not adequate time for staff to prepare a recommendation prior to the meeting. He stated that one condition when the Planning Commission originally approved the subdivision was that there be only two riparian lots and that the lot meet the 200 ft. minimum lot width requirement. He explained that Mr. Adams appeared at the Council meeting and was advised to come back to the Planning Commission and apply for a variance for three riparian lots. Commissioner Hurr stated the setback requirements In this zoning district are 50 ft. from the front lot line and 50 ft. from the side lot line. Tim Adams stated he is asking for a 35 ft. variance for Lot 6 and explained this lot has a considerable amount of wetlands and would be better for a smaller house. There is a total of 565 ft. along the shoreline and each of the comer lots. Lots and 7, will meet the required 200 ft. lakeshore width. He reviewed the lakeshore situation. He stated they have a 10 ft. easement along the lot line and the dock will be built along this easement and will serve only the owners of Lots 16 and 7. 06 DENNIS PLATTETER #357 (con*t) TIM ADAMS FARM AT LONG LAKE VARIANCE #358 p: ^ w ’ "if n 5E IS rER mKm AKE '■ *► ■ ■ ■ m v':ir^ r>>.? = i*:'- *«^ES OF A planning COMMISSION MEETING HELD FEBRUA to Atotoiatrator had advlaed his purfrJr®'' "T®’’ '^hat when a dock Isput in it must be 10 ft. from each lot Uni «jha lot.'^s s.;-2 s? :;„Trioa^t the middle of the property due to the wetLnSs the ne^hoLs "°'= ^pa^rf^h? if IxJt 6 would have eas^^/"«**‘" « conservation The Zoning Admini;>trator referred the r t j to a similar request bv Carvlll ^omission f.SS'Sa- rights even though there was a conservation easement across the lot. tion »fr. Adams stated the owner of Lot 6 will h»„» » private easement to the othe^ ^ ® illiSiliiv j^j^aryatto. C^sslOTer Hurr cited the request bv Paul access easement be extended*^tn*^***'**j5**^-i driveway access to the back lot h #- provide lakeshore jlake accesi w^ld We«f S^vf, hut felt providing "**®lakeshni-A ® lake access for non- the City of Orono* philosophy of " \ 1978 - PAGE 16 "M ADAMS ^a RM AT LONG LAKE #358 (con * t) m r'dV^J . 'h ■ i *.r>- PLANNING Administrator stated that as far as aock usage, boat dockage and boat launching is one issue. However, it is another issue if Bomeone is going to allow someone to walk across their lot. He explained that this private easement would be forwarded to the City Attorney and would go to the Council for their approval or denial. Adams stated they originally had provided for legal easements, but at the Commission's recommenda­ tion they were removed. The Commission discussed at length the fact that Tim Adams was putting in a private easement which would allow access to the lake for other property owners. Mr. Adams stated the easement is owned by the owner of Lot 7 and that the dock will be at the end of the 10 ft. easement. He added that they are trying to do everything they can do to comply with the Commission * s recommendations• The Zoning Administrator stated the main reason for denying an easement was to prevent dock use. ^ommissioner Hurr stated the Commission possibly could consider a definition for motorized riparian use and non-motorized riparian use. She added that she is concerned about the usage of the lake because to allow the private easements would be granting non-lakeshore riparian rights. Commissioner Hammerel commented that residents of Orono who pay taxes here should have the right to USB this lake. He added that many people come from other areas and use Lake Minnetonka and ^B felt lake use should be restricted to those who reside near it and pay taxes toward it. Commissioner Hurr stated she has trouble with the approval of the final plat because the applicant is not indicating on the final plat the same as had been the original intent. She was concerned there would be no control to ensure the easement would never be for motorized use. Mr. Adams stated he would be happy to revise the plans so the dock would not be adjacent to the easement. O,ramissioner Hurr read the Planning Commission minutes from the October 3, 1977 meeting which stated in the preliminary plat approval there could be no riparian access to the lake. TIM ADAMS FARM AT LONG LAKE #358 (con*t) lit . MINVTES of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 18 i-i She commented that she would like to study this request before making a recommendation and she j^ould like to be shown that this is not against rono*s present policy. TIM ADAMS FARM AT LONG LAKE #358 (con't) ♦ *■ Commissioner Wilson stated it is possible to control the docks and boats accessing to the lake, but he did not think the same would be possible with people who are only walking to the lake. Commissioner Hammerel stated he did not feel the riparian access to the lake could be denied. • > .• .V •• :■ I •! . mm. ■ • .>-v ; ■■ . .■ :• 1 The Commission questioned if private easements could be allowed without City approval and also if the City would be loosing control of the lake by allowing riparian access. The Zoning Administrator stated he had no problem with a walk-in easement, but expressed concern if it would remain only a walk-in easement. Mr. Adams stated the City Attorney has the legal papers regarding the ease­ ment and is reviewing them at the present time. ♦-•t-. ’t ■ M- .• ^ ".-VA- •v"4 1 rt The Zoning Administrator explained that the applicant brou^t in his information the ursday before the meeting, 2-23-78, and is asking for a variance of 35 ft. for Lot 6 which would be less than the required 200 ft. and also is asking for final plat approval. A ^ Mr. Adams stated they must know if there will be two or three lots because this will affect all the other lots and their deeds. The Zoning Administrator stated in the past the Commission has approved lots if the average of the lots complies with the Ordinance. Commissioner Wilson questioned if it would make any difference even if one of the lots would be less than 200 ft., in the event Mr. Adams would give up the riparian rights on the wetlands. Mr. Adams stated it will only be the owner of Lot 6 who can own the property in front of the structure, adding that the total lot area of the three lots is about 12 acres with dry buildable area of about •2 acres. Commissioner Hurr moved to table the request until further information on the legality of private easements is received from the City Attorney and to review the homeowner's association agreement. The motion died for lack of a second. ^ ' minutes of a planning commission meeting held FEBRUARY 27, 1978 - PAGE 19 Commissioner Wilson stated with the original plat Mr. Adams had asked for three riparian lots and now two of the 3 lots only will have riparian ights. Commissioner Wilson moved. Commissioner Hammerel seconded, a motion to approve the variance for three lakeshore lots based on only two lots with riparian rights. Motion - Ayes (2); Wilson, Hammerel; Nays (2); Hurr, McDonald; Abstain (2): Hannah, Frahm. The motion failed. Mr. Adams commented he was really hurt because they are getting tied up with these side issues. The first time the Commission reviewed the plat they indicated they were very much in favor of the project and felt this was a great development. Commissioner Hannah stated he was not concerned about the private easement, but was concerned about the lakeshore variance. He commented there is the issue of riparian versus lakeshore. ^Commissioner Hannah moved. Commissioner Frahm seconded, a motion to approve the request for a lakeshore variance unless prior to the Council meeting the City Attorney shows that by granting a conservation easement this takes away the riparian rights of Lot 6 and then there would be no problem because there only would be two lakeshore lots. He added that he was not addressing the matter of the private easements because at this time It was not a function of this motion. Commissioner Hurr asked if the conservation easement and the pasture easement overlap. Mr. Adams replied they abut one another. The motion was withdrawn. C Commissioner Hannah moved. Commissioner Hammerel seconded, a motion to recommend the variance be granted conditioned on the fact the City Attorney advise the Commission that Lot 6, by having a conservation easement over its entire shoreline, yill loose its riparian rights. Therefore, it is a moot point as to how much of the property will be considered the shoreline, and that the Planning Commission concurs with the 200 ft. shoreline of Lots 16 and 7. TIM ADAMS FARM AT LONG LAKE #317 (con*t) _ _^ktfwt lia- ■ .Ti • 1 -■ i HllfOTES OF A PLANNING COMMISSION MEETING HELD FEBRUARY 27, 1978 - PAGE 21 I"- th6 extent of the permitted use on the private 10 ft. lake access easements along Lots 7 and 16 possible expansion of the lake access easements satisfactory on-site septic systems for all lots legal descriptions of the flowage and con­ servation easements over the wetlands detailed plans including legal descriptions of all drainage culverts, etc. Commissioner Frahm moved. Commissioner Hurr seconded, s motion to table the final plat approval until additional information is received the homeowner *s association and that the City Attorney and City Engineer review the request. Motion - Ayes (4): Hurr, Hammerel, Frahm, McDonald; Nays (1): Wilson; Abstain (1): Hannah. The motion passed. • The Zoning Administrator passed out the information regarding the marina committee. He noted that the Council wanted this information by April 1, 1978. Comnissioners Hurr and Frahm stated they will be willing to serve on the marina comLoittee. The Zoning Administrator* encouraged the other members .o present their Ideas. At ls05 A.M. Commissioner Frahm moved. Commissioner Hannah seconded, a motion to adjourn the meeting. Motion - Ayes (6); Nays (0). The motion passed. y - •; ■■: . ■ ■! i f • TIM. ADAMS FARM AT LONG LAKE #317 (con*t) Kn; 'y"'' : V.t ^ . V ■ si :'h % i ,v