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HomeMy WebLinkAbout11-13-1978 Planning MinutesAGENDA PLANNING COMMISSION MEETING OF NOVEMBER 13, COUNCIL CHAMBERS - 7:30 P.M, 1978 P CALL TO ORDER 1. Call to Order/Roll 2. Comprehensive Planning Comments PUBLIC INFORMATION MEETING - 7:30 P.M.% 3. #432 Burt Corwin, 1125 Hunter Drive - SUBDIVISION APPEARANCE 4. James Bloemendahl, DNR - Review of Site Plan for Wakefield-Conry Rest Area, Willow Drive ACTION ITEMS 5. #306 Colpepper Land Company, 40 Orono Orchard Road - SUBDIVISION OMBINED ACTION/WORK SESSION 6.#435 Richard Perry, 440 Willow Drive South VARIANCE/CONDITIONAL USE PERMIT 7.#436 Alexander Holzer, 2677 Casco Point Road VARIANCE/CONDITIONAL USE PERMIT SKETCH PLAN REVIEW 8. #428 Ken Chapman, 2695 Shadywood Road - SUBDIVISION 9* #433 Judd Ringer, 2240 Wayzata Boulevard - SUBDIVISION 10, #434 Fred Her fur th, 225 North Femdale SUBDIVISION/REZONING/CONDITIONAL USE PERMIT m 11. #437 Larry Osgood, 365 Willow Drive North - SUBDIVISION INFORMATION ITEMS 12. Joint Meeting Planning Commission/Council Nov^er 30, 1978 at 7:30 P.M. 13. (teit second meeting in December 6 APPROVAL OF MINUTES 'V lA. Merclng of October 23,1978 ‘ ■•2 - ■ y f •"’•f #1 • I] 4 c » h- MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOVEMBER 13, 1978 Planning Comnlsslon met on the above date. The following members were present: Chairman Hassel, Hurr, McDonald, Hannah, Wilson, Frahm & Hammerel. Mabusth represented the City staff. It was noted that the joint Planning Commission Council meeting would be on Noven^er 30, 1978 at 7:30 P.M. Hassel announced this was the time and place for a Public Information Meeting for- the subdivision request of Burt Corwin. Mabusth stated that she had the Affidavit of Publication and Certificate of Mailing. Mabusth briefly stated the request. Mr. Corwin was present. No public comments were heard. All wetlands will be designated and all easements will be completed. There was some discussion regarding the location of an existing shed, however, the Planning Commission was not concerned about It and Mr. Corwin said It could be moved If It encroached any setback. Frahm moved to approved the preliminary plat contingent upon receipt of the utility and drainage easements, designation of the wetlands, and the septic testing requirement would be waived on the 194- acre lot. Motion seconded by Hurr. During discussion It was decided to add the Park Dedication Fee requirement to the motion. Vote: Ayes (7), Nays (0) - motion passed unanimously. Mr. Hlnellne (lot 6, block 1) was present. It was noted that Planning Coamlsslon originally approved a 12 lot division and Council has approved a 13 lot division with two lots being substandard (85X to 98X). Council has already granted the variances for lot width. Discussion mainly concerned adding a requirement to the Resolution granting no variances for building on the lots as shown. Planning Commission asked MLke Gaffron, Septic System Inspector, his feelings regarding the septic sltiiatlon. He felt that most of the problems have been resolved although some lots would have to have additional testing due to excavation done In dralnfleld areas on some lots. ATTENDANCE 7:30 P.M. COMPREHENSIVE PLANNING COMMENTS BURT CORWIN 1125 Hunter Drive SUBDIVISION Public Information Meeting - 7:30 P.M. (#432) ♦1 i t j u i COLPEPPER LAND CO. 40 Orono Orchard Rd. SUBDIVISION (#306) > 4 MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOVI BER 13, 1978 Page 2 Mr. Hineline stated that most of the house locations had been determined and that they were working with the City to resolve the remaining problems. Hurr moved to add the requirement of no variances being granted for construction on the two lots (lot 2 & 3) as the variance for lot area has already been granted. Motion seconded by Hannah. Vote: Ayes (7), Nays (0). Motion passed unanimously. OOLPEPPER LAND CO. 40 Orono Orchard Rd. SUBDIVISION (#306) Cont. Hassel moved to approve the resolution, with the addition made In Burr's motion, noting that the Council granted approval to divide Into 13 lots Including two siibstandard lots (85Z-98X) which have already been granted lot area variances by the Council. Motion seconded by Hanmerel. Vote: Ayes (7), Nays (0). Motion passed unanimously. Mr. Perry was present. Mabusth I rlefly explained the request, llie hardships are the narrow width and the extreme grade of the lot. Conditional Use Permit - of the proposed work, he has already brought In approximately ten truckloads of fill, but at the City's request has removed about half of the fill. During discussion, it was -determined that a study of the effect of the fill oh the wetlands would be needed from the engineer before the Planning Comnlsslon could make any reconmendatlons. Mabusth entered Into the record a letter from Mr. & Mrs. Harold White, 450 Willow Dr. South, dated October 17, 1978, stating: "We have no objection to his erection of a garage or filling In and leveling off low spots adjoining our property line." Variance - It was noted that Mr. Perry had already excavated for the garage. It was questioned whether or not the hardship was valid since he does have an existing garage. Mr. Perry stated that In the future he would probably need the existing garage space to add on to his home. In the Interim, he stated he needed a place to store several old cars. RICHARD PERRY 440 Willow Drive So. Variance & Cond. Use Permit #435 |k 1^. 0 MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOVEMBER 13, 1978 Page 3 It was noted that due to many trees in the area the garage would not cause any sight problems to the neighbors. Wilson moved to approve the variance of the side yard setback due to the narrow width and extreme grade of the lot as well as the difficulty of entering the new garage. Motion seconded by Hurr. Vote: Ayes (7), Nays (0). Motion passed unanimously. RICHARD PERRY 440 Willow Drive So. Variance & Cond. Use Permit #435 (Cont.) Mabusth ^plained the request. Due to the complexity of the application, the Planning Commission decided that the purpose of this meeting would be to sort out and clearly define the violations and the requests of this application. ALEXANDER HOLZER 2677 Casco Point Rd. Variance & Cond. Use Permit #436 >oThe violations are: 1. Hardcover 0-75* of lakeshore 75-250* of lakeshore 2. Fence height over 6* in side and rear yard. the requests are: 1. Variance for hardcover from 75*-250*. 2. Variance for fence hei^t on side and rear wall. 3. Conditional Use Permit for grading and filling. Comoients were heard from Mr. Holzer, Mr. Gronberg - (civil engineer working for Holzer), Mr. Smerling, te. Nekich (Smerling*8 attorney), and Mr. Downey (a neighbor on the other side of Holzers). Althou^ Mrs. Holzer, Mrs. Smerling, Mr. Oberhauser (Smerling*s attorney) and several neig^ors were present no comments were made by them at this meeting. The Plaiuiing Coinmission felt the following issues must be addressed before they could make any recommendations: 1. Written determination of front yard by the City attorney. 2. Reasoning behind tiie height restrictions. i - - — MINUTES OF A PLANNING .M ;i;i SSION MEETING HELD ON NOVi 3ER 13, 1978 Page 4 3. 4. 5. 6. Some direction or determination of the wall/fence/structure definition. Also which section rules - fences or fences- walls? Are the pillars a part of the wall or are they ornamental? Engineer must determine the actual grade of Holzer's property and the adjoining properties as well as the eroci problem. Amount of fill must be determined. ALEXANDER HOLZER 2677 Casco Point Rd. Variance & Cond. Use Permit #436 Mr. Smerllng strongly opposed the construction of a concrete "wall” within 2* of their property. He the wall ''destroyed the ambiance of his retreat". Mr. Nekich stressed the fact that no wall would be permitted in the front yard by Orono's code. Mr. Smerling stated that he would have appeared before the Commission during the variance for the garage to express his opositlon to that, but was out of town during that period of time. Mr. Holzer, when questioned regarding the reason for the wall, stated that it was for erosion purposes and to beautify his property. Mr. Downey stated that when the Holzers first purchased this land it was a shambles and to tills point everything they have done has only added to the value of his property. He has no objection to the wall except if it blocks his view of the lake. ■i J » Wilson moved to table this item pending receipt of the Information needed to answer the many Issues. Motion seconded by Hamnerel. Vote: Ayes (7), Nays (0). Motion passed unanimously. Mr. Bloemendahl, DNR, presented the plan. Due to the fact that no motorized vehicles are allowed in this area, the Planning Commission requested the deletion of snowmobiles from the plan. When questioned about parking, Mr. Bloemendahl stated that Council had requested t^t no parking area be provided during the previous review of this plan. If was definitely stated that no camping, or ovemi^t uses were to be allowed. JAMES BLOEMENDAHL DNR - APPEARANCE Wakefield-Conry Re Area, Willow Drive Rassel sioved to approve the plan, with the deletion of snowmobiles, with the stipulation that the park would not be used for camping, parking, or any overnight uses, that the rules, restrictions and hours of use would be posted at the entrance and that the DNR is responsible for policing the park. Motion seconded by Frahm. Vote: Ayes (7), Nays (0). Motion passed unanimously. I' J B!44M • • MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOVEMBER 13, 1978 # Page 5 Mr. Moore represented Mr. Chapman. As requested by the Planning Commission» the drawings showed the horizontal division with only the front lot having riparian rights and indicated the Flood Plain and hi^ water mark. Existing house and garage would be moved. Planning Conmission advised Mr. Moore that because a lot area variance Is now being granted (each lot is .95 acre) no variances would be granted for construction of houses. Planning Commission gave conceptual approval and called for a Public Information Meeting to be held December 11, 1978. Mr. Ringer and Mr. Tomlinson were present. The main disciission was regarding possibility of a new light industrial zoning district. Planning Commission indicated that they would favor this new zoning. Mr. Ringer was undecided, at this time, as to the amount of land he would want to have rezoned to this new zoning. The two houses and accessory buildings would remain. The landscaping would be undertaken by the Uhiversity of Minnesota as their winter project. Mr. Herfurth was present. It was noted that the 50* easement for the road had not been taken into consideration and would have to be adjusted on the plan. Planning Conmission requested a determin­ ation of the sewer assessment procedure used in this area. Several menbers felt that Orono should address the multiple dwelling issue. Herfurth stated that he was requesting rezoning with a definite plan not just asking for a rezoning with no definite purpose. KEN CHAPMAN 2695 Shadywood Road SUBDIVISION (#428) SKETCH PLAN REVIEW JUDD RINGER 2240 Wayzata Blvd. SUBDIVISION/REZONING (#433) SKETCH PLAN REVIEW FRED HERFURTH 225 North Femdale SUBDIVISION, REZONING CONDITIONAL USE P VARIANCE (#434) I I r ii*' • - ’ " - --T.^- T» T~r\r.^f^ - • • >;••/; i ;■ v“-’. ••• # MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOV:SER 13, 1978 Page 6 ,.i / N k Hr, Osgood was present. All lots meet the zoning requirements. The road is shown too close to the wetlands and discussion was to move the road closer to the garage. Planning Comnisslon recomnended that Mr. Osgood talk with the staff to determine the benefits of platting vs. a metes and bounds division. LARRY OSGOOD 365 Willow Dr. No. SUBDIVISION (#437) SKETCH PLAN REVIEW N * The Minutes were approved as submitted. Motion passed unanimously. MINUTES APPROVAL October 23» 1978 ■■ ■■■■ ■: ■. J • i .i -T .