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Home My WebLink About09-25-1978 Planning Minutes, . . . J T4* r .. 4 • AGENDA A PLANNING COMMISSION MEETING OF SEPTEMBER 25, 1978 COUNCIL CHAMBERS - 7:30 P.M, CALL TO ORDER 1, Call to Order & Roll PUBLIC HEARING 2, 7:30 P.M. #421 Rezonlng -A. J. Tourangeau 1960 Shoreline Drive ACTION ITEMS 3. #414 - A. J. Tourangeau, 1960 Shoreline Drive SUBDIVISION 4. #419 - Michael Farrell, 2815 Casco Point Road VARIANCE 5. #420 - Theodore Anderson, 1940 Shadywood Road VARIANCE #423 - Calvin R. Welsh, Jr., 650 North Arm Drive . VARIANCE 7* .-r #426 - James P. Neve, Jr., 4060 Dahl Road VARIANCE 8. Schedule first meeting in October SKETCH PLAN REVIEW 9. #422 “ D.W. Jimnerson, 505 Willow Drive South SUBDIVISION WORK SESSION 10. #424 - David Dunlap, 1595 Bohns Point Road CONDITIONAL USE PERMIT O r ■ i m o * MINUTES OP A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 25, 1978 The Orono Planning Commission met on the above date. Present were Chairwoman Hurr, McDonald, Frahm, Hamnerel, Hannah and Wilson. Alan Olson and Jeanne Mabusth represented the staff. Hurr announced this was the time and place for a Public Hearing on the rezonlng request by A. J. Tourangeau. Mr. Tourangeau, Mr. Reutlman, and Mr. Homlck were present as well as the following neighbors: Mr. Rovegno, Ms. Stinson, and Mr. and Mrs. Spencer. Olson explained the request and stated he had the Affidavit of Publication and Certificate of Mailing. Mr. Reutlman Immediately requested that on the advise of counsel his name be removed from this application. Olson noted that his name was not on the application, but only Tourangeau's name. Hurr asked Mr. Reutlman to submit his comments In writing. Mr. Reutlman agreed. Mr. Tourangeau explained his position regarding the relationship of the rezonlng and the subdivision being one of wanting to expedite sale of the house on Lot 1. Mr. Reutlman stated that he felt the City should not condition the subdivision on the rezonlng application. Mr. Rovegno referred to the letter from the neighbors regarding the proposed use, which letter the Planning Commission had received. Mr. Rovegno stressed that the present use was acceptable, but to expand the business would be objectionable. There was discussion Including Homlck's description of the proposed use of the station and how the neighbors felt that would effect the traffic in the neighborhood. Staff noted that selling food Is a permitted use In the B-1 zone, but If the property was rezoned It would not be a permitted use. Mr. and Mrs. Spencer were concerned about the hours of operation. It was felt that the greatest problem would be the Ingress and egress traffic on the property and pedestrian safety should any expanded use be allowed. ATTENDANCE 7:30 P.M. A.J. TOURANGEAU 1960 Shoreline Dr. REZONING PUBLIC HEARING 7:30 - 7:50 P.M. (#421) '■'f ’1'^' MINUTES OF A PUNNING COMMISSION MEETING HELD ON SEPTEMBER 25, 1978 Page 2 ilGEAU Line Dr. fllNG ) P.M. ..i referred to the engineers reconmiendatlons In his letter of September 5, 1978 which were as follows: '*We recomnend that no other use, except motor fuel station, be allowed that would have the effect of increasing traffic movements in the area.** Staff recommended that the rezoning is a reasonable request and in fact should have been done four years ago. This recomnendation is made being fully aware of the pending applications. Frahm moved to approve the rezoning of the easterly 70 feet of Lots 24 & 25 from B-1 to LR-IA to include ® non^conforming conditional use permit for the station to operate as presently operated. Motion seconded by Hammerel. Vote: Ayes (6), Nays (0). Motion passed unanimously. A.J. TOURANGEAU 1960 Shoreline Dr. REZONING PUBLIC HEARING (#421) Cont. Planning Commission first reviewed application #421 for rezoning and the history of this subdivision proposal. This item was referred back to Planning Commission by Council for further study after receipt of the application for a conditional use permit (#418). Because the decision regarding Application 421 has resolved the issues regarding use of this property, the Planning Commission reaffirmed their previous motion regarding subdivision approval. Frahm moved to approve the preliminary plat subject to the following conditions: 1. Formal issuance of a conditional use permit for the gas station, pursuant to the requirements of 31.100, 32.480, and 38.500, for continuation of the existing character and extent of use of the property as a legal non-conforming use of land. A.J. TOURANGEAU 1960 Shoreline Dr. SUBDIVISION (#414) m i- # * MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPT:Mwl 3ER 25, 1978 Page 3 2. Installation of required curbing and landscaping as recomnended by the County highway department and the City engineer, not to Include any additional right of way. (See revised map showing suggested landscaping areas.) Landscaping timetable required. A.J. TOURANGEAU 1960 Shoreline Dr. SUBDIVISION (#414) Cont. 3. Combination of remaining Tourangeau residential lots for tax purposes (Lots 7-14 & 20). 4. Closing of one rear station window for building code requirements. 5. Approval of variances necessary to accomplish the above. Motion seconded by Hannah. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mr. and Mrs. Farrell were present. Tom Frahm stepped down due to a possible conflict of Interest. Discus sion Included the actual dimensions, elevations and type of wood proposed to be used for the deck. Mayor Van Nest stated that the recomnendatlon of the engineer did not take Into consideration any filtration of phosphorus. Wilson and Hannah both expressed concern about setting a bad precedent. Mr. Farrell stated that the plan for the deck had been submitted to both the DNR and the MCWD, but they did not have any Interest In the deck. MICHAEL FARRELL 2815 Casco Point Rd. VARIANCE (#419) Hamnerel moved to approve the variance request due to hardship of terrain to build a deck 15' X 11', subject to the following conditions: 1. 2. a gravel base of at least 12" . The deck be an open spaced wood deck with an undetermined number of plantings on the deck level for vlsiial screening and to contain the soil and provide nutrient filtration. Motion seconded by McDonald. Vote: Ayes (4), Nays (1) Abstained (1). C. Steven Wilson opposed on the basis that no physical hardship was demonstrated and felt It would set a bad precedent. •W*>^ j 'k GEAU Ine Dr* RELL Point Rd. !7»V5 I :jj minutes of a planning commission meeting held on SEPTEMBER 25, 1978 m Page 4 Mr. Anderson was present. Mabusth read into the record coinments by L. Gasterland, 1920 Shadywood Road, who was "very much for the improvements proposed by Mr. Anderson for the property". There was concern about a large addition being built on such a small lot and the amount of hardcover. Mr. Anderson stated that the main need is for the addition and he could do without the deck. The driveway would not be changed and no trees would be removed. Hannah moved to approve the variance due to given hardships of the lot and current setback for remodeling of the house, but not to include the cons truetion of the deck. Motion seconded by Wilson, Vote: Ayes (5), Nays (2). Frahm and Hurr were opposed to the variance as the house is too large for the lot and they felt the hardcover was excessive. Mr. and Mrs. Welsh were present. It was noted that the proposed house will require a front yard setback due to severe hardship of the shallow depth of the lot as even at its widest (dry buildable) point it is only 126*, and the lakeshore rear yard setback of 75* makes it impossible to meet the zoning requirements. Mabusth stated that the driveway entrance as staked was acceptable. McDonald moved to approve the variance due to the hardship of the lot. Motion seconded by Hannah. Vote: Ayes (6), Nays (0). Motion passed unanimously. THEODORE ANDERSON 1940 Shadywood Road VARIANCE (#420) .1 JSar-: i A- ''i:.': m s’. . "lift CALVIN R. WELSH 650 North Arm Dr. VARIANCE (#423) ERSON . od Road MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 25, 1978 Page 5 Mrs. Neve was present. Mabusth explained the request. Mrs. Neve stated that no trees would be removed. Jliere were no comments heard from the neighbors. Wilson moved to approve the variance In view of tKe difficulty of the lot configuration and lot width. Motion seconded by Hammerel. Vote: Ayes (6), Nays (0). Motion passed unanimously. After discussion. It was announced that the next Planning Commission Meeting would be held at 6:00 P.M. on October 10, 1978 just prior to the Council Meeting. JAMES P. NEVE, JR. 4060 Dahl Road VARIANCE (#426) ANNOUNCEMENT OF FIRST MEETING IN OCTOBER > ■ Mr. McCulley was present representing Mr. Jlmmerson. It was noted that no septic system testing had been submitted and that staff could not schedule the public meeting until they had received it. Jim Olson Is i^evlewlng the access situation. Both roads are not In very good condition. Mr. McCulley requested that the existing driveway be left as a private driveway for Jlmmersons, while the two new properties with access on Fox Street would share a private driveway with one access on Fox Street. WORK SESSION - Mr. Dunlap was present. Discussion was mainly regarding whether or not a previous permit had been authorized which would make this maintenance dredging. Planning Commission requested that the applicant contact the DNR to see If they have a record of an earlier permit. Frahm moved to approve the minutes as submitted. Motion seconded by Hammerel and passed unanimously. Meeting adjourned at 10:40 P.M. D.W. JIMMERSON 505 Willow Dr. So. SUBDIVISION (#422) SKETCH PLAN REVIEW DAVID DUNLAP 1595 Bohns Point Road CONDITIONAL USE PERMIT (#424) APPROVAL OF MINUTES SEPTEMBER 11, 1978 ADJOURNMENT • €