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HomeMy WebLinkAbout08-28-1978 Planning Minutest AGENDA PLANNING COMMISSION MEETING OF AUGUST 28, COUNCIL CHAMBERS - 7:30 P.M. 1978 CALL TO ORDER 1. Call to Order 6e Roll Call PUBLIC INFORMATION ITEMS 2, 7:30 P.M. #405 Subdivision 3. 7:40 P.M. #410 Subdivision Frank Routson, 280 Leaf Street Popov/Polsson, 4080/4010 Bayside Rd. ACTION ITEMS 4. #344 - Thomas Leach, 2535 Shadywood Road FINAL PLAT 5. #363 - American Rebullders, 2400 Sixth Avenue North FINAL PLAT 6. #385 - Paul Englund, 980 North Shore Drive West FINAL PLAT #394 - Edward Mahoney, 2760 Pheasant Road SUBDIVISION 8. #415 - Lowell Zltzloff, 3502 Shoreline Drive CONDITIONAL USE PERMIT 9. #417 - Alexander Holtzer, 2677 Casco Point Road VARIANCE 10. Announce - Change In City Council Meeting Date September 12, 1978 to September 13, 1978 11. Determine first meeting date in October. WORK SESSION ITEMS 12. #412 - Mrs. Roy Hollander, 255 Sixth Avenue North PRELIMINARY PLAT (Public Information Meeting 9-11-78) 13. #418 - Robert Homlck, 1960 Shoreline Drive CONDITIONAL USE PERMIT INFORMATION ITEMS 14. #416 - Dredging (Application withdrawn) 15. Copy of Becker findings. approval of minutes 16. Meeting of August 14, 1978 I * , 'iiJU •y:0^f': . i- fH MINUTES OF A PLANNING CONMISSION MEETING HELD ON AUGUST 28, 1978 The Orono Planning Commission met on the above date. Present were Chairman Hassel, Hurr, McDonald, Wilson, Hannah, Frahm and Hammerel. Alan Olson represented the City staff. Hassel announced this was the time and place for a Public Information Meeting on Rcutson's subdivision request. Mr. Routson was present. Olson explained the request and stated he had the Affidavit of Publication and Certificate of Mailing. No comments were heard from the public. Olson stated that soil boring and engineering data has been supplied and Is being reviewed by the City engineer. Lot layout has been changed slightly due to septic system requirements. Planning Comnlsslon was concerned with the road being next to the Luce Line and that the buffer strip of trees be maintained. It was stated that no setback variances would be required for the houses. The garage would be moved. Wilson moved to recomnend preliminary plat approval of the revised lot layout (Drawing dated 8-10-78) stibject to: 1. Engineers recommendations and requirements concerning the road and drainage. 2. , A private road with underlying easement to the City with access to Lot 1 being from the private road and not Leaf Street. Park dedication fee. Drainage and utility easements. Moving garage to an approved location. 3. 4. 5. Motion seconded by Hurr. Vote: Ayes (7), Nays (0). Motion passed unanimously. ATTENDANCE 7:30 P.M. FRANK ROUTSON 280 Leaf Street SUBDIVISION Public Info. Meeting #405 7:30 P.M. - 7:35 P.M. a ml I- |k>;C' -r- V v; 'i t *1 t i m W‘- ■.* ■ >H r ^ “A * ► ♦ - ^ o MINUTES OF A PLANNING COMMISSION MEETING HELD AUGUST 28, 1978 Page 2 Hassel announced this was the time and place for a Public Information Meeting on Popov/Poisson subdivision request. Olson explained the request and stated he had the Affidavit of Publication and Certificate of Mailing. Ib:. Poisson was present. No public comnents were heard. The Planning Commission was concerned about the driveway surface and an existing erosion problem. There was lengthy discussion regarding the roadway as a private driveway and the need for easements and/or platting as an outlot. It was decided that platting was definitely required and that the road should be an outlot up to the point where it veers west across the Poisson property. The City engineer has reviewed the engineering drawings, but we have not received any written comments from him. Olson stated he had received a letter from the MCV7D (dated 8-24-78) stating they had no apparent problems with this subdivision, however, it is subject to formal review by the MCND at which time drainage details would be required including justification for the proposed pipe size on the driveway. Iliere was concern that the lot lines could be relocated somewhat to omit or reduce lot portions isolated by tbx road from the other properties. McDonald moved to table the application pending possible revision of the lot lines, receipt of additional drainage information, and receipt of reports from the City engineer and County Highway Department. Motion seconded by Hammerel. Vote: Ayes (7), Nays (0). Motion passed imanimously. POPOV/POISSON 4080/4010 Bayside Rd. SUBDIVISION Public Info. Meeting #410 7:40 P.M. - 7:48 P.M. Hassel stepped down as Dr. Leach is a client of his firm. Applicant was not present. Olson stated that all requirements of the prelL??',r ary plat approval have been completed. The proposal did luclude consideration of a duplex on Lot 3, but final planning has not been completed and approval of the conditional use permit will have to be delayed. The park fee has been paid on the basis of future duplex approval. . Hannah moved to recommend approval of the final plat as par the attached resolution. Motion seconded by Hammerel. Vote: Ayes (6), Abstained (1) Hassel. ^tion passed. THOMAS LEACH 2535 Shad3Ti'ood Rd. FINAL PLAT #344 1^ V* t • m I * r e MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 28, 1978 Page 3 Olson stated that all requirements of preliminary AMERICAN REBUILDERS plat approval have been completed. Jhr. Her fur th was 2400 Sixth Avenue No. present. Hurr moved to recommend approval of the FINAL PLAT final plat in accordance with the attached resolution. #363 Motion seconded by McDonald. Vote: Ayes (7), Nays (0). Motion passed unanimously. Olson stated that all requirements of preliminary plat approval have been completed, including suitable septic site. Some discussion regarding the requirement of park dedication fee. PAUL ENGLUND 980 No. Shore Dr. W. FINAL PLAT #385 Hassel moved to ask Council to consider and review the park dedication fee policy regarding charging of fees on existing dwellings. It was the feeling of the Planning Comnission that the fee should be charged to new lots and not penalize the existing house. Suggest clarifying policy to require payment only on new building sites and lots not already developed. Motion seconded by McDonald. Vote: Ayes (7), Nays (0). Motion passed unanimously. (MOTION TO COUNCIL PARK DEDICATION FEE) FrV V-•I’•!<%>’ . Hurr moved to recommend final plat approval as per the attached resolution. Motion seconded by Hannah. Vote: Ayes (7), Nays (0). Motion passed unanimously. M '‘'.y nnj.' Mr. Mahoney was present. Wilson stepped down as Ih:. Mahoney is a client of his firm. Hannah also abstained due to a potential conflict of interest. During discussion regarding the information submitted by Mr. Mahoney's attorney. Planning Comnission restated no objection to the subdivision proposal, but that their concerns were over legalizing the multiple docks. It was specifically noted that the applicant can show no legal authorization for the docks ever being established despite a long history of use. Being Torrens property, this use cannot be legalized by adverse possession. EDWARD MAHONEY 2760 Pheasant Road SUBDIVISION #385 Mr. Mahoney noted that the intention of the homeowner's association is to provide a conservation easement over the remainder of Lot 14, but to convey the right to use of the existing docks to the five lots now using them. t m . r '-r* MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 28, 1978 Page 4 ¥ ’ Planning Comnlsslon noted that a multiple dock license is required by ordinance (LMCD and city) and that even without the division, the dock issue must be addressed. Four choices were available for consideration: EDWARD MAHO^TEY 2760 Pheasant Road SUBDIVISION #385 (Cont.) 1. 2. 3. 4. Removal of docks per current requirements. City approval of the multiple docks and the Assignment of these riparian rights on a permanent basis. City approval of the docks for use by the current homeowners only with such approval to terminate when said persons sell their home and leave the association. This being a "grandfathering" of the existing non-conforming use. Official refusal to address the docks at all. After lengthy discussion, Hassel moved to approve the request for lot line rearrangement with condition that easement over lot 14 be taken with the recommen­ dation that there be a conservation easement granted to allow as an exception to the standard conservation easement that the five owners of non-lakeshore who have had docks for a long continuous period of time be allowed to continue the use of the docks within the format of the homeowners association as long as they own their house, but preclude transferring the rights, subject to removal of the easement along lot 24 as requested and a Joint use dock license be required for each year that any docks are kept on lot 14. Hurr seconded the motion. Vote: Ayes (5), Abstained (2). Motion passed. I ^ s ' ll Lowell Zitzloff (applicant), Rod McCharles (property owner) and David Ble (owner of property across Navarre Avenue) were present. Planning Commission questioned scale and proportion of drawing presented. Major concerns Involved parking and traffic patterns. Staff noted conversation with Don Murphy of the Hennepin County Highway Department wherein his verbal reconmendation was for no direct access to Cty. Rd. 15. Written recomnendations to follow. LOWELL ZITZLOFF 3502 Shoreline Drive COND. USE PERMIT #415 J m •> m ^ * L. I' ^ y 'r'" t m MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 28, 1978 Page 5 Planning Conmlsslon noted that if the drawing is corect, the 33 ft. county right of way extends 5*-7* into the parking where shown. They also noted that if the business is really wholesale, as stated, that parking access may not be as In^ortant as the applicants would like to make it appear. LOWELL ZITZLOFF 3502 Shoreline Dr. COND. USE PERMIT #415 (Cont.) Mr. Bie commented that he would like to see someone with good business potential and organization lease the property so there would not be so much of a turnover. He felt Mr. Zltzloff's proposal was a good one. He also expressed some concerns about an increase in traffic on Navarre Avenue in its present condition. Hassel recommended approval of the conditional use permit for a wholesale/retail auto parts store subject to closing all direct access to Cty. Rd. 15, providing all access from Navarre Avenue, and subject to the City Engineer's approval of a more detailed parking and access plan and stibmittal of a satisfactory landscaping plan. Motion seconded by Hannah. Vote: Ayes (7), Nays (0)’. Motion passed unanimously.•' ^ Mr. and Mrs. Hbltzer were present. Olson explained the request. The reconstruction exceeds 50% of the structure's value and therefore is required to meet all current code requirements including setbacks. ALEXANDER HOLTZER 2677 Casco Point Rd. VARIANCE #417 McDonald moved to recommend approval of the variance due to the hardship of the land. Motion seconded by Hannah. Vote: Ayes (7), Nays (0). Motion passed unanimously. It was announced that the Council meeting of September 12, 1978 would be held September. 13, 1978 due to the Primary Election on the 12th. ANNOUNCEMENT OF CHANGE OF COUNCIL MEETING DATE It was unanimously approved that the Planning Commission would meet on their scheduled day of October 9, 1978. PLANNING COMMISSION MEETING 10-9-78 umatM © -> *•’ MINUTES OF A PANNING COMMISSION MEETING HELD ON AUGUST 28, 1978 rage 6 WORK SESSION ITEMS Mrs. Hollander was present. She Is proposing to do the final plat In two phases. She expects to develop It with a private road and temporary cul-de-sac. Planning Comnlsslon noted that they would require platting the road as an outlot through the entire plat at the first stage. Other staff review Is pending. MRS. ROY HOLLANDER 225 Sixth Avenue No. SUBDIVISION #412 Mr. Reutlman and Mr. Homlck were present. Also ‘ present was Mr. George Rovegno of 2010 Shoreline Drive. Planning Commission was very concerned with convenience food and beer proposal seeing potential for an Intolerable traffic and pedestrian safety situation. ROBERT HORNICK 1960 Shoreline Dr. COND. USE PERMIT #418 I Mr. Homlck -»tiessed the appearance of his operation and noted that hours would probably be 6:30 A.M. to 10:00 P.M. seven days per week, that traffic would be about three times the current level and that he would have "Stewart" style hot sandwiches. There are four existing fuel storage tanks totalling 15,000 gallons (3 @ 3,000 and 1 0 6,000) and Homlck proposes adding two new 6,000 gallon tanks to Increase capacity by 80% to 27,000 gallons. He normally has only one employee on duty at any given time.' Mr. Rovegno asked questions concerning traffic, hours and Homlck*s experience (stated as 19 years In the oil business) saying that he doesn't like the gas station, but that he can tolerate the existing traffic level. Tnere Is a low volume of traffic now with most vehicles on the property for repair rather than In and out service. Mr. Rovegno did strenuously object to this proposal saying that the convenience foods would attract too much traffic, that too many accidents happen In front of the station now, that too many people already use his private dock to buy pop at the station or use the restrooms and th^t he was very concerned for his child's safety because of Increased traffic on Central Avenue. J^NDER ^enue No. :CK .ne Dr. »MIT S, .4 ■' ■ 1 >v L A MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 28, 1978 Page 7 The Planning Conmission was concerned that at the Public Meeting held on August 14, 1978 for the subdivision Reutiman had said that the intention of the subdivision was only to clarify ownership and that the station would continue to operate as it always had. This application was then made with what constitutes a major change in use. Reutiman asked whether or not he couldn’t withdraw the subdivision, buy all the property and then affect this same operating change. He was told *W*. The service station is a conditional use that is always subject to review by the City upon change in use and that the lot size is substandard making the station also a non-conforming use subject to review and approval by the City Council. Staff noted that Hennepin County and the City engineer are reviewing the traffic situation regards to this proposal. Planning Commission requested more detailed traffic studies by the applicant, the staff and reports from Hennepin County. They also requested the applicant to provide a more complete site plan by having his surveyor locate the gas island, parking, a<gn and traveled sections of Cty. Rd. 15 and Central Avenue. Planning Commission noted that the entire property was to Have been zoned LR-IA in 1974 except for a last minute promise by Tourangeau that the station would continue in its present use. Planning Commission, after consideration of the new proposal, voted to reconsider their previous action on the subdivision application (#414). Thereafter, they voted to table item 414 pending complete and concurrent review of this application. Planning Commission requested that the neighbors be notified of a public information meeting on this request, said meeting to be held September 11, 1978. ROBERT HORNICK 1960 Shoreline Dr. COND. USE PERMIT #418 (Cont.) I Minutes were approved as submitted.APPROVAL OF MINUTES Meeting of 8-14-78 (. St, . MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 28» 1978 Page 8 It was announced that Gregg Hannah and Jo Ellen Hurr would be appointed to the joint Council- Planning Comnission Planning Comnittee. pi I JOINT CXHINCIL- FLANNING COMMISSION PLANNING CntfITTEE APPOINTMENTS m Meeting adjourned at 11:22 P.M.ADJOURNMENT ■7 '■ -* ; ® */ %-- ryj . - M *4 , ♦ « v-„ • •" ..A. e i