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06-12-1978 Planning Minutes
, ,.X ^ ; .-1 *1 wrrw AGENDA PLANNING COMMISSION MEETING OF JUNE 12, 1978 COUNCIL CHAMBERS - 7:30 P.M. »i- mmk CALL TO ORDER 7:30 P.M. vi-^-::'^3=r 1. Call to Order and Roll Call PUBLIC INFORMATION ITEMS 2.7:30 P.M.#380 Subdivision 3.7:45 P.M.#370 Conditional 4.8:00 P.M.#366 Subdivision 5.8:15 P.M.#391 Conditional 2340 Watertovm Roac 3980 Watertown Road 2227 & 2229 Shadywood Road p APPROVAL OF MINUTES Arts & Education 2240 North Shore Drive 6. Meeting of February 27, 1978 7. Meeting of April 10, 1978 8. Meeting of April 24, 1978 9. Meeting of May 22, 1978 •ITWfT ACTION ITEMS y. V i-•• > ■''' ' 10. #378 - Bike/Hike Trail, Baker Park Reserve Wetlands Variance 11. #387 - Robert VanTassel, 1170 Loma Linda Variance 12. #388 - John Hannah, 2608 Mapleridge Road Variance 13. #389 “ Stanford Weiner, 3080 North Shore Drive Variance 14. #393 - John Uran, Big Island Variance 15. #346 - Paul Raster, 2600 Casco Point Road Final Subdivision Approval I agenm PLANNING COMMISSION MEETING OF JUNE 12, 1978 PAGE 2 WORK SESSION ITEMS #386 - Baker Park Reserve, West of Starkey Road Road Vacation (Public Hearing on 6/26/78) #383 - R, L. Wenkstem, 645 North Arm Drive Subdivision (Public Information Meeting 6/26/78) #390 - James Me Cleary, 3445 Bayslde Road Rezonlng (Public Hearing on 6/26/78) #385 - Paul Englund, 980 North Shore Drive West Subdivision (Public Hearing on 6/26/78) #392 - Richard Putnam, 3045 Casco Point Road Road Vacation (Public Hearing on 6/26/78) #394 ~ Edward Mahoney, 2760 Pheasant Read SKETCH PLAN REVIEW, Subdivision #395 ” Bill Fox, 1095 West Femdale Variance #396 - Dave & Holly Elss, 1790 Shadywood Road Variance #397 - Steven Waldron, 485 North Stubbs Bay Road Variance #398 - Dennis Kisnlln, 2625 Fox Street SubdlvlsIon #399 - Michael Plank, 4145 Watertown Road Subdivision #400 - Michael Ankeny, 450 Orono Orchard Road Subdivision Tourangleau, 2060 Central Avenue, Sketch Plan Review # • - f ^.1 t • t t o CITY OF ORONO, MINNESOTA MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 12, 1978 1 The Orono Planning Commission met on the above date with the following members present: Hurr, acting chairwoman, McDonald, Hammerel, Wilson, Frahm and Hannah. ATTENDANCE 7:30 P.M. Chairwoman Hurr announced this was the time and place for a public hearing for Phillip Rusciano and asked if there was anyone present regarding this item. No one from the public was present. Tom Jacobs, Building Inspector, stated that he had an Affidavit of Publication and Certificate of Mailing for this item. Mrs, Rusciano was present and stated that she thought the surveyor had complied with all of the requests of the City. The Public Hearing was closed at 7:35 P.M. PHILLIP RUSCIANO 2340 Watertown Road SUBDIVISION (#380) 7:30 P.M. PUBLIC HEARING I; t. Gregg Hannah moved to approve this subdivision conditioned on the following: 1. 2. 3. 4. 5. 20' wide driveway and utility easement, in favor of Lot 2 over Lot 1, must be shown on the final plat. Drainage easement over creek at least 20* minimum per the City engineer's recommendation. Sewer easement 20^ wide along actual sewer location. Payment of Park Dedication Fee. Proof of a septic system on Lot 2 (tests, etc.) Motion seconded by Haunerel. Ayes (6), Nays (0), motion carried. Item will go to Council on 6/29/78. Chairwoman Hurr announced this was the time and place for a public hearing on Stephen Towle's application for a conditional use permit. Tom Jacobs stated he had a copy of the Affidavit of Publication and the Certificate of Mailing. Mr. Stephen Towle and his partner Mr. Richard Schmidt were present. From the public Mr. Earl Dom, the previous owner and current neighbor, was present as well as Mrs. Connie Carrothers. STEPHEN TOWLE 3980 Watertown Road COND. USE PERMIT (#370) 7:45 P.M. PUBLIC HEARING o MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 12, 1978 PAGE 2 It was also noted for the record that a letter had been received from Mr. Robert Roden in which he stated objections to the approval of this conditional use permit. Ms. Carrothers was concerned about the nimiber of horses being boarded, waste disposal, fire hazard caused by storage of hay and the location of the building which she felt would be a visual obstruction to the neighbors. Mr. Earl Dom stated that Mr. Towle was boarding fewer horses and has made improvements to the property. Mr. Dorn also stated that several neighbors have pole buildings similar to what Mr. Towle is requesting. Mr. Towle stated that they now have between 18*25 horses boarded and would not be increasing that number in the future. Public Hearing was closed at 8s18 P.M. STEPHEN TOWLE 3980 Watertown Road COND. USE PERMIT (#370) Cont. PUBLIC HEARING Hurr moved that the Planning Commission deny the variance because no hardship to the land has been shown. Motion seconded by McDonald; Ayes (6), Nays (0), Abstained (1) Frahm, motion carried. Dick Hassel who Joined the meeting at 7:45 P.M. took over as chairman. Chairman Hassel announced this was the time and place for a public hearing for the subdivision for Mr. and Mrs. William Taylor. Tom Jacobs stated that he had the Affidavit of Publication and Certificate of Mailing. Mr. and Mrs. Taylor, Mr. Bidell, and Mr. Ralph Bomstein were present. There were also several neighbors in attendance idio thought this hearing was for another property, hoeever, they did listen to the proposed subdivisl and did not have any comments or objections. Pdblic Hearing was closed at 8:30 P.M. WILLIAM TAYLOR 2227 & 2229 Shadywood Rd. SUBDIVISION (#366) i 8:20 P.M. PUBLIC HEARING MlXson moved that the Planning Commission approve sid>division in recognition of the two existing booses on the property. Hammerel seconded the notion; Ayes (7), Nays (0), motion carried. Since the Taylors had traveled so far to come to the meeting, the Commission requested that this item be presented at the Council meeting on June 15, 1978. o MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 12, 1978 PAGE 3 Chdirman Hassel announced this was the time and place for a public hearing on the Minnetonka Center of Education and Arts Conditional Use Permit, Tom Jacobs stated he had an Affidavit of Publication and Certificate of Mailing. Mrs. Hock and Mr, Daniel Avchen (architect) were present. There was discussion regarding the parking and traffic situation. Mike Gaffron also stated that he had contacted the architect and informed them that the present septic system would be prohibited under the new code. They would have to do one of the following: 1) install a new system for expansion and upgrade the old system; 2) install two new systems, or 3) install one large system. Public Hearing was closed at 8:45 P.M. - no public were present for this item. MINNETONKA CENTER OF EDUCATION AND ARTS COND. USE PERMIT (#391) PUBLIC HEARING Hurr moved that the Planning Commission approve the conditional use permit contingent on the following: 1. 2. Plans be drawn up showing existing building and new addition as well as floor plan. Septic system must be approved by village septic system inspector. im Motion seconded by Mr. Hannah; Ayes (7), Nays (0) motion carried. This item will be presented to Council at the June 29, 1978 meeting. The minutes of the following meetings were tabled until all Comnissloners had a chance to review them. MINUTES APPROVAL 1. 2. 3. 4. February 27, 1978 April 10, 1978 April 24, 1978 May 22, 1978 am c minutes of a planning commission meeting held on JUNE 12. 1978 PAGE 4 Tom Jrjcobs explained the extent of the proposal. Mr. Marr was present from the Park Reserve to answer any questions. Jim Olson, the city engineer, stated that from the engineering standpoint, he could see no reason not to approve the variance. Hammerel moved to approve the variance for the blke/hlke trail In Its present location as designed by the Hennepin County Park Reserve as It Is a dry area not a nesting area and does not destroy the marsh contingent upon receipt of a completed application for the City’s files and the conditions stated In the letter from the Park Reserve, dated April 13, 1978, to the City. Motion seconded by Hurr and passed unanimously. Item will be presented to Council on 6/29/78. Mrs. Van Tassel was present. During the discussion It was stated that the views of the neighbors would not be affected. Hie main discussion was that no new hardcover was being added and that only a small portion of a comer of the property was being affected. Hannah made a motion to approve this variance as the existing hardcover was not being Increased by this variance, contingent upon the neighbors being notified that this Item will be on the Council agenda on June 29, 1978. Motion seconded by Wilson. Ayes (5), Nays (1) Frahm, Abstained (1) Hurr, motion passed. Mr. Hannah and Ib:. Grady (his architect) were present. Discussion was mostly regarding the difference of opinion regarding a bay window. Hie Planning Commission determined that because of the foundation under the "bay" this would be a wall. During the discussion It was noted by the Planning Commission that some work had been done within 75 ft. of the shoreline. Hurr made a motion at that time to table this item until the 75 ft. encroachment was settled. Motion died due to lack of a second. BIKE/HIKE TRAIL BAKER PARK RESERVE Wetlands Variance 0378) 1 ROBERT VAN TASSEL 1170 Loma Linda VARIANCE (#387) r JOHN HANNAH 2608 Maplerldge VARIANCE (#388) . • © c I MINUTES OF A PUNNING COMMISSION MEETING HELD ON JUNE 12. 1978 PAGE 5 . After further discussion, it was decided to have the staff review the 75 ft. encroachment, Hannah made the following motion: as presented to the Planning Commission the variance for the 2* setback should be approved based on the fact that the lot is very odd>shaped and narrow causing some hardship to the lot. Motion seconded by Hammerel; Ayes (3), Nays (2) Hurr and Frahm, Abstained (2) ^fcDonald and Hassel (Hassel abstained due to the fact that his firm represented Mr. Nitz in the original subdivision); motion passed. This item will be presented to Council 6/29/78. Wbr. Reardon, owner af the lakeshore lot, was present. He stated that when hfc sold the property, he maintained an easement to the tennis court. The reasoning behind the placement of the tennis court was for drainage and also to preserve trees on Mr. Reardon's property. McDonald made a motion to deny the variance as no hardship was shown and it would set a precedent for other accessory structures to be built without a main structure. Motion seconded by Hurr; Ayes (3), Nays (4) Wilson, Hammerel, Hannah and Hassel; motion fails. After some further discussion, Wilson made the following motion: We make the determination that the tennis court being built by the Owner of the lakeshore lot upon the back lot would fall in our ordinance permitting an accessory use ahen the primary structure is already in use, and that no variance would be required; and that we grant a variance up to 10' of the lot line of the back lot subject to: 1) satisfaction of the Village staff that such a variance is required by drainage and soil conditions, 2) the nei^bors are notified prior to the Council meeting, 3) >fa:. Reardon provides proof of the easement to the tennis court in an satisfactory form for the Council, and be granted with the understanding that any future structures built on the lot with the tennis court be built without any variances. Motion seconded by Hammerel; Ayes (6), Nays (1) McDonald who felt it set a precedent for accessory structures built prior to the main structure and the fact the neighbors weren't notified. Motion passed. JOHN HANNAH 2608 Mapleridge VARIANCE (y/388) Cont. STANFORD WEINER 3080 North Shore Dr. VARIANCE (#389) ... m c MINUTES OF A PLANNING COMMISSION ^2ETING HELD ON JUNE 12, 1978 PAGE 6 John Uran was present. Tom Jacobs explained the variance requested, and Mike Gaffron, the septic inspectr>r reported that he had visited the site today and also had a report in file, dated June 20, 1974, indicating suitability for a septic system. It was also discussed that there was no way to acquire more land. Hannah made a motion that the Planning Commission grant this variance because: 1) we understand there is appropriate area on this lot for sanitary disposal. 2) because the property is surrounded by platted streets, none of which are available to the applicant to expand his property, and 3) contingent on all lots being combined into one lot. Motion seconded by Wilson. In the discussion following the motion Hurr wanted! it noted that this is not in keeping with the Park Reserve's plan for Big Island which has been endorsed by Orono, but to date nothing further has been done. Motion passed \manlmously. JOHN URAN Big Island VARIANCE (#393) Mr. Raster was present. Tom Jacobs stated that all requirements have been met and all items required by the City submitted to Alan Olson. The staff recommends approval. Frahm made a motion to grant approval of th? final plat as It Is consistent with the Initial documentation we received and all requested Information has been submitted, and the proposed Resolution No. 888. McDonald seconded the motion - unanimously approved. PAUL RASTER 2600 Casco Point Rd. FINAL SUBDIVISION (#346) \ f WORR SESSION - Attached Is a list of the Items which were on the agenda as Work Session Items at this meeting. (See Page 8) Meeting adjourned at 12:10 A.M.ADJOURNMENT 12:10 A.M. idMai r minu Ais PAGE 7 V'ni 'i THE FOLLOWING WERE TTLIS SCHEDULED AS WORK SESSION ITEMS AT THIS MEETING: % . j i^» .. . ^ 11'It; « WORK SESSION ITEMS 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. #386 - Baker Park Reserve, West of Starkey Road Road Vacation (Public Hearing on 6/26/78) #383 - R. L. Wenkstem, 645 North Arm Drive Subdivision (Public Information Meeting 6/26/78) #390 - James McCleary, 3445 Bayside Road Rezoning (Public Hearing on 6/26/78) #385 - Paul Englund, 980 North Shore Drive West Subdivision (Public Hearing on 6/26/78) #392 - Richard Putnam, 3045 Casco Point Road Road Vacation (Public Hearing on 6/26/78) #394 - Edward Mahoney, 2f'^0 Pheasant Road SKETCH PLAN REVIEW, Std>division #395 - Bill Fox, 1095 West Femdale Variance #396 - Dave & ^lly Eiss, 1790 Shadywood Road Variance m #397 - Steven Waldron, 485 North Stubbs Bay Road Variance #398 - Dennis Ktanlin, 2625 Fox Street Subdivision #399 - Michael Plank, 4145 Watertown Road Sid>division #400 - Michael Ankeny, 450 Oroao Orchard Road Subdivision A.J. Tourangleau, 2060 Central Avenue, Sketch Plan Review :* h-- --. 'V-I •. ifi % 5 *k.' . liiiiininhnTn