Loading...
HomeMy WebLinkAbout03-27-1978 Planning Minutes%»> V CITY OF ORONO, MINNESOTA MINUTES OF A PLANNING COMMISSION MEETING HELD MARCH 27, 1978 The Orono Planning Commission met on the above date with the following members present: Commissioners Hassel, Frahm, Wilson and Chair­ woman McDonald. Commissioner Hurr, Hammerel and Hannah were absent. Also present was Zoning Administrator Hank Muhich, Mayor Brad Van Nest and Councilman Norm Paurus. ATTENDANCE-7:30 P.M. ; i Tim Adams, developer for the project, was present. •The Zoning Administrator referred to the cross sections of the road which had been submitted by Mr, Adams, and informed the Commissi^r that Jim Olson, City Engineer, had called him earlier that evening and was in agreement with all the provisions except the details on Exhibit T which did not note sufficient ditches. He also referred to the March 17, 1978 memo from A1 Olson which was in reply to the Planning Com­ mission's request for direction on certain policies from the Council. He informed the Commission that Mr. Adams had submitted his revised plans on Thursday, March 23, 1978, TIM ADAMS FARM AT LONG LAKE 820 BROWN ROAD SOUTH SUBDIVISION (FINAL) #317 Chairperson McDonald referred to Item #4 of A1 Olson's memo and questioned if private ease ments, on-site acceptability, legal document language or provisions necessary to implement policy are technical matters and should be determined by staff as indicated in the memo. Tir Adamj stated the private easements indicated rn these plans were not part of the original plat, adding that his attorney and the City Attorney have worked on an agreement in an attempt to preserve pedestrian circulation without raising the question of the water issue. Commissioner Hassel asked if the pasture and conservation easement would be public and could be used by the owners of another lot with the understanding this property would be a link to the lake. Wa p. a;- r, d' Mayor Van Nest replied the limits on the con­ servation easement only prevent the owner from building, filling, etc., but allows the City the right to use the easement for storm water drainage. Commissioner Frahm noted the pedestrian easement does not give the people the right to go to the lake, but only the right to go up to the easement ftili rnliti II' h • c minutes of a planning commission meeting held march 27, 1978 - PAGE 2 He asked if it was included in the covenants that the owner of the easement must give people the right to use the easement to go to the lake. Mr, Adams replied the pasture easement only runs to the wetlands. TIM ADAMS FARM AT LONG LAKE ‘ #317 (con't) Mayor Van Nest commented the private easements were not part of the preliminary approval. Commissioner Hassel asked the Zoning Administrator to interpret the Ordinance regarding horses. The Zoning Administrator replied the Ordinance requires a minimum of 3 acres per horse in this zoning area. However, the issue could be addressed considering the whole property as one rather than each lot individually. He thought horses could be addressed with a conditional use permit so as to allow the horses with the understanding the City promotes a rural atmosphere. He stated that in the past tney have allowed 2 horses on a 3 acre parcel. Commissioner Wilson commented that according to the Ordinance the owner of a 2 acre lot could not have a horse unless he owned 2 or more lots. Commissioner Hassel stated he was hesitant to allow horses when the Zoning Ordinance does not allow horses. Tim Adams stated the private easements are not on the plat, and that they have not included them for approval, but only for Information. The Zoning Administrator commented the easements show what is included in the legal documents. Mayor Van Nest thought private easements could be addressed by the City Attorney and that basically this plat is consistent with what the City wants. Commissioner Wilson stated he was unclear as to the Planning Commission's jurisdiction in this matter. Councilman Paurus stated if the Planning Commission wants to set certain conditions on this plat it may do so. Commissioner Hassel brought up the question of how the City might guaranty the buildableness of the property when it approves a subdivision. He commented that any building permits would be subject to satisfactory septic system reports. Councilman Paurus stated that in approving a subdivision the lots would have to be subject to c MINUTES OF A PLANNING COMMISSION MEETING HELD MARCH 27, 1978 - PAGE 3 City standards. The Zoning Administrator stated that Jim Olson was concerned about the drainage of the road. He added, however, that Tim Adams has indicated he will take care of the drainage per Jim Olson's recommendations. Commissioner Frahm questioned the private easements and asked why some easements are addressed and .some are not just because they are private easements. Tim Adams asked to move the pasture security fence on the wetland conservation easement. The Zoning Administrator stated it would be better to .fence the horses to keep them out of the mud, etc. He also stated that variances would be required on the existing structures. Tim Adams commented there will never be any construction next to the existing structures except for a driveway. Mayor Van Nest stated the City has granted technical variances in the past, adding that variances are to protect adjacent property owners. In this case these buildings already are existing and anyone interested in buying this property could already see these buildings. This would be a 27 ft. variance if the north lot line of Lot 15, Block 1 was moved 1% ft. to the north so as to conform to the State requirements. Chairwoman McDonald asked about keeping the present horses. The Zoning Administrator stated the horses kept on the property now are an existing situation and that a new property owner would have to come in for a conditional use permit and possibly a variance if the lot is not large enough. Mr. Adams stated he would be happy to work with the City staff on this. There being no further discussion. Commissioner Hassel moved. Commissioner Frahm seconded, a motion to recommend approval of the final plat for subdivision of the Farm at Long Lake, with the understanding the approval does not include reference to the pasture, wetlands, flowage and conservation easements or the matter of riparian rights, and subject to the following conditions: TIM ADAMS FARM AT LONG LAKE y/317 (con't) tv-;.':, 4 minutes of a planning commission meeting held march 27, 1978 - PAGE 4 # 6) 7) 8) o 10) 11) The construction of the road be approved by the City Engineer and that the road be a 20 ft. wide gravel surface with 2 ft. of sodded surface and drainage ditches on either side; and The cul-de-sac have a diameter of 100 ft. and the private roads be 60 ft. wide with an underlying easement to the City; and A variance be granted to move the fence on the wetlands; and A 27 ft. variance be granted on Lot 13, Block 1 and the lot line be moved 1% ft. to the north to allow for the existing bam and garage; and A 24 ft. variance be granted on Lot 19, Block 1 to allow for the existing metal shed; and Payment of the park dedication fee; and A variance be granted to allow for the construction of a 6 ft. dock on Lots 7 and 16, Block 1, but that there be no dock to benefit Lot 6, Block 1; and Exhibit T be modified in accordance with the City Engineer's recommendations; and A. side yard variance be granted on Lot 19, Block 1 to allow for the existing bam; and Conservation easement over the wetlands addressed to the City; Technical matters such as private easements, on-site acceptability, legal document language and provisions to implement policy to be approved by staff. TIM ADAMS FARM AT LONG LAKE #317 (con't) !. - H • : i 0 ■f ’ ’tj. C.■Vfl ■ -1 m Motion - Ayes (4); Nays (0). The motion passed. The Zoning Administrator presented the mylar of the Tanglewood Addition and reminded the Commission that he sent both the preliminary and final plat to them because the final plat had been changed. Commissioner Hassel asked if the City Engineer had any questions on this. The Zoning Adminis­ trator stated they only have comments by the previous City Engineer and the MCWD which indicated that the culvert be constructed to provide adequate drainage. JAMES LAWRENCE TANGLEWOOD 1550 SIXTH AVENUE NO. SUBDIVISION (FINAL) #323 O There being no further discussion. Commissioner Hassel moved. Commissioner Wilson seconded, a motion to recommend approval of the request by James Lawrence for approval of the final plat of the Tanglewood Subdivision with the same conditions as are included in Resolution 866. # minutes of a planning commission meeting held march 27, 1978 - PAGE 5 Motion - Ayes (A); Nays (0). The motion passed. o o xhe Zoning Administrator explained that this request is to construct a bridge over the wetlands. He stated the City has received some new plans '^ith the dimensions noted. Betty Buesgens was present. She explained she has no access the lake without going over the wetlands. • Commissioner Hassel asked if there was a con­ servation easement over this area now. The Zoning Administrator replied yes and that a variance would have to be granted on this also. Chairperson McDonald questioned if riparian rights might be involved. Ms. Buesgens stated the property has 160 ft. of shoreline, adding that all she wants is to have access to the lake. The Zoning Administrator comnented this is a great improvement to the first plan which had been submitted. The Planning Commission reviewed the revised plans showing the location of the bridge and dimensions noted. Ms. Buesgens stated there would be a 6 ft. wide bridge and the pilings would only be up to the edge of the wetlands area with no center pole. She stated she will be doing no filling of the wetlands and that she will stay within any restrictions requested by the Commission. She added that in talking with her contractor, the work can be done without disturbing the wetlands. There being no further discussion. Commissioner Hassel moved. Commissioner Frahm seconded, a motion to recommend approval of the request by Betty Buesgens for construction of a bridge over the wetlands at 3067 Farview, with the following conditions: The 6 ft. wide bridge be constructed with the pilings only along the sides of the wetlands; and There be no filling or dredging within the wetlands area. JAMES LAWRENCE TANGLEWOOD #323 (con't) BETTY BUESGENS 3067 FARVIEW LANE WETLANDS VARIANCE #359 Motion - Ayes (4); Nays (0). The motion passed. MINUTES OF A PLANNING COMMISSION MEETING HELD MARCH 27, 1978 - PAGE 6 Gerry Guetzkow, from Gerry’s Construction, was .present. He explained that to remodel the existing house would be more costly than to build a new house. He pointed out for the Commission where the new structure would be located and the layout of the house. He explained that one setback variance would be 12 ft, and the other one would be 21 ft, because the structure will fit the lot better as is Indicated by the proposed location. 1/^, C. MCDONALD 1225 SHORELINE DRIVE VARIANCE Mr. 6c Mrs, Gamble, 1205 Shoreline Drive, were present. They stated they were in favor of the proposal as submitted. Chairwoman McDonald informed thr. Guetzkow of the 75 ft. shoreline setback and that there be no dredging, filling, grading, tree removal or hard cover construction. I f i Commissioner Wilson moved. Commissioner Hassel seconded, a motion to recommend approval with the following variances:I r ^ A 21 ft, side yard setback variance to the north; and A 12 ft. setback variance to the west and east; and A variance for the lot width and area. 0 Motion - Ayes (4); Nays (0), The motion passed. The Zoning Administrator explained he tried to get the marina committee together, but was not able to get all the members together at one time. He added that the Council wanted a recommendation from the marina committee by April 1, 1978. MARINA LICENSES A meeting was set up for Saturday, April 8, 1978 at 11:30 A.M. Chairwoman McDonald asked any people from the marinas who were attending the meeting if they had any questions on the marinas. She stated it was unfortunate that all the marina people took time tc attend the meeting when no action was taken at this time. C Jim McCleary, from Stubbs Bay Marina, was present. STUBBS BAY MARINA The Planning Commission discussed the March 16, 1978 memo from A1 Olson indicating that the DNR : rj DRIVE I " im li•I'' ■' f • MINUTES OF A PLANNING COMMISSION MEETING HELD MAR had requested the City to act before April 9, 1978 concerning the revision of the dock layout and dredging application pending before the City and the DNR. Commissioner Frahm commented there had never been any dredging at this location before. Mr. McCleary replied there had been dredging before, but not with any premits because permits were not required at that time. He informed the Commission that the boats had to be put in the water at a different loc!?tIon due to the low level of the water. Mr. McCleary explained the idea of the combinatio of the property is to avoid the dredging except for the channel. Mayor Van Nest stated the LMCD has ruled that Mr. McCleary cannot use the same dock design as in the past, adding that if Mr. McCleary wants to have the same number of docks, the area will have to be rezoned. He explained that the LMCD supersedes any rulings from the City of Orono. The Planning Commission discussed the possibility of rezoning the residential property. Chairwoman McDonald stated she was opposed to dredging and that she was opposed to rezoning the residential property to comnercial. She asked Mr. McCleary if the dredging and rezoning requests were denied, how many slips he could provide. Mr. McCleary replied he did not know because of changing the dock layout design and that if the requests were denied he would have to revise his plans. He informed the Commission that his new building is currently undei construe and that it will be primarily for boat repair. Commissioner Hassel commented that on the basis policy, dredging is not approved unless it is for maintenance and the rezoning could be considered spot zoning. Commissioner Wilson stated he was opposed to the dredging. EH:*#! ■jji..m S Pil m MINUTES OF A PLANNING COMMISSION MEETING HELD MARCH 27, 1978 - PAGE 8 [NA T . . Mayor Van Nest stated that with the rules of the LMCD, a strip 30 ft. wide going to navigatible water could be approved, adding that Mr. McCleary was asking to dredge to store boats. Commissioner Hassel moved. Commissioner Frahm seconded, a motion to recommend that as a matter of the sense of the meeting and for direction for Mr. McCleary, the concept of providing access for a launch area no wider than 30 ft. for a navigatible access to the shore be approved, but dredging for boat storage and rezoning be denied, * Motion - Ayes (3); Nays (1): Wilson. The motion passed. Chairwoman McDonald asked Mr. McCleary if he would have the same problems if the water level would go up. Mr. McCleary replied yes, adding that these are some of the problems that come with keeping boats. Mayor Van Nest added that the type of boats also has changed within the past years. STUBBS BAY (con* t) MARINA ' ■■ ■■ V' vd. Robert and Carol Sue Dongoske were present. The Zoning Administrator stated the applicants have come in since the approval of the final plat. The question has been if the road will be completed, paved or graveled and if building permits will be issued. There is also the issue of the wetlands and the dockage on the channel. Mr. Dongoske asked who determines what property is designated as wetlands. The Zoning Admin­ istrator replied the Hennepin Soils And Con­ servation District makes the determination. Sue Dongoske stated that when the plat was approved there was no wetlands area designated. Mr. Dongoske stated the road was partly put in and then the sewer came through and they stopped construction on the road at that time. Commissioner Hassel asked if the City Engineer had reviewed any specs on the road. The Zoning Administrator replied he had not. Ms. Dongoske stated the owners want to know If these lots will have lake access. The Zoning Administrator state , he did not know the location of wetlands on this property. r-- CAROL SUE DONGOSKE FOREST ARMS SUBDIVISION #336 SKE DlVISlOit MINUTES OF A PLANNING COMMISSION MEETING HELD MARCH 27, 1978 - PAGE 9 Commissioner Hassel stated possibly the area designated as wetlands should be reconsidered if it is wetlands at all. Commissioner Frahm asked if a man-made channel would constitute riparian rights. Ms, Dongoske stated when they owned this property they received letters regarding one wetlands area, but not the other wetlands area. She added that they .have lived near this area for 14 years and that they represent the present owners of this property. She asked what is to be done if an area is determined to be wetlands after the subdivision has had final approval. Commissioner Hassel replied that the City has a Wetlands Ordinance which stipulates certain regulations and restrictions. FOREST ARMS SUBDIVISION #336 (con* t) Mr. Dongoske stated there is a lift station at the end of the cul-de-sac where they live and asked if the cul-de-sac would still have to be located in the same place. Mayor Van Nest replied they would have to have a recommendation from the City Engineer. The Planning COTmission discussed the subdivision including the dredging, road and dock use. Mr. Dongoske stated they plan to put docks in parallel to the shore. I? i*- Commissioner Frahm asked if the owner of Lot 7 could put in a dock. Mayor Van Nest stated they would have to conq>ly with the UK^D regulations. Ms. Dongoske stated they are asking to know if these lots are lakeshore lots or not so the property owners can also know before building on the lots. Mayor Van Nest s tat ad he thought there should be a developer's agreement before the road is put in. He added that the City must have a commitment that the road will be put in, and that this should be done before a building permit is issued. Jim Olson, City Engineer, agreed that there should be a developer* agreement, and he advised there should also be a bond. li Sjjfti •rtui •rair«] •)M^- •Jll I . , .. ... . n tJIKII •irr? •lliTtlt • UXt tf-li •f:li • f:|i ^HT--'"'' ■-' ■ ' -n:<:-m^M:a •Jtl II •N»*« • i*-H9Ttjn li ■,'. V- ■ - .^■^-V .. ■■-■■M ,* • A-'-t eft II iTiht MINUTES OF A PLANNING COMMISSION MEETING HELD MARCH 27, 1978 - PAGE 11 outlined the various programs they had planned. He added they would also like to use some of the church area for groups for movies, weddings and receptions which would involve having alcohol on the premises. Mayor Van Nest stated this area would have to be rezoned to B-1 since that would be the only zoning district where a permit could be issued for allowing alcohol on the premises. » Mr. Dunkley stated they have had the health care people out and they have given us the OK for the kitchen for the day care or the receptions. He also stated they do not do any busing, however, they have worked with the schools to drop off the children at their facility. Jim Olson suggested Mr. Dunkley should locate the egress and ingress and the traffic pattern of the busing. Mr. Dunkley stated he would like to check into the liquor license possibilities before scheduling a public hearing. Mr. A1 Quello, representing the applicant, was present. The 21oning Administrator briefly explained the division request. He stated the property is now occupied by two residences. Mr. Quello stated the Taylors own the property and have lived on the property since 1925 and that one of the residences has been sold to another party. There are two sewer connections and the Taylors are requesting variances in connection with the division. Mayor Van Nest stated the side parcel 8200 is owned by Mrs. Waldusky 'and that she was denied a request for a subdivision by the Planning Comnission. It was suggested the property owner combine part of Lot 4 with the north one-half of Lot 3 and make two buildable sites and request rearrangement of the lot lines. The Planning Commission was concerned about creating two building sites which would be less than the required minimum lot area. Mr. Quello stated he would check back with the property owners and advise the City if he was interested in obtaining additional property to NEW HORIZON ENT. #365 (con* t) » *• •• %planning combine his lot. The Planning Commission agreed to wait to schedule a public hearing until hearing from Mr. Quello. WILLIAM TAYLOR #366 (con*t) The Zoning Administrator stated the proposed addition did not require a variance with the present regulations, but since it is so close to the neighbor's property - only 11% ft. - he . felt the applicant should go through the variance process. RUSSELL JOHNSON 3508 LYRIC AVENUE VARIANCE #362 Chairwoman McDonald stated this would be her last meeting as chairwoman and that Commissioner Hassel will be the next chairman beginning at the next meeting. She also indicated that Commissioner Hurr will be the next chairwoman after Conmissioner Hassel. 11:11 P.M. Commissioner Hassel moved. Commis­ sioner Frahm seconded, a motion to adjourn the meeting. Motion - Ayes (4); Nays (0). The motion passed. - -