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Home My WebLink About12-07-1978 Planning Minutesagenda I PLANNING COMMISSION MEETING OF DECEMBER 11, 1978 COUNCIL CHAMBERS - 7:30 P.M. " 'i . • ' •' ■' .-■ •V ■i.;:;: r-*; h V CALL TO ORDER 1. Call to Order/Roll . . 2. Comprehensive Planning Comments ;V-.' k-"r ^ :-■ • n\ ' * • PUBLIC INFORMATION MEETINGS 3* 7:30 P.M, #428 Ken Chapman, 2695 Shadywood Road SUBDIVISION / r • - ■ ;•'**•* ■ I v5'^V^;- ■' ■ ••;; ,■.••; 4. 7:40 P.M. #431 P. Gerald Mills, 1600 Shoreline Drive SUBDIVISION ACTION ITEMS 5.#200 Victoria Grain Company, 580 North Arm Drive FINAL SUBDIVISION (Resolution) 6.#348 Richard Ledstrom, 3405 Sixth Avenue North PRELIMINARY SUBDIVISION .• ■■ r*-a ' 7. #444 Hennepin County Park Reserve District, Big Island STREET VACATIONS 8. #446 John Worre, 1270 Arbor Street VARIANCE SKETCH PLAN REVIEN 9. #447 Schlee Builders, 3660 Shoreline Drive SUBDIVISION - PRD - REZONING APPROVAL OF MINUTES 10. Meeting of November 27, 1978 D i-7 •. /• V- r A Zi;.- J .. ..i , V y, A'<C: IS A K \-i irl • J V*i ■? rx , • *T... '-|(r- ^..- - - % # .. . . . . • « MINUTES OF A PLANNING COMMISSION MEETING HELD ON DECEMBER 11, 1978 The Planning Comnlsslon met on the above date. Present were the following members: Chairman Hassel, Rurr, McDonald, Wilson, Frahm and Hannah. Hammerel Joined the meeting at 8:10. Mabusth represented the City staff and Jim Olson represented the City engineer. Hassel annoimced this was the time and place lor a Public Information Meeting on Ken Chapman's request for subdivision at 2695 Shadywood Road. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. Moore was present for Mr. Chapman. Mabusth entered Into the record two ■ letters from neighbors: Letter from W. H. Nlcholls, dated 11-27-78, whose main concern was setting a precedent of approving substandard subdivisions, and letter from Byron McCulla^, dated 12-1-78, who had "no objection to the proposed division of property so long as access to both lots Is provided from County Road 19 and located within the boundaries of Mr. Chapman's property". He also enclosed a photocopy of the release of the 15' easement along Mr. Breustedt's property which was filed 10-10-78. Mrs. Wrobel was present, however, her main Interest was seeing the actual proposal and, when asked If she had any comments, stated she had no particular position regarding this division. The main concern of the Planning Commission was setting a precedent of approving a subdivision of substandard lot area. It was stated that the 95% lot area does not take Into consideration the driveway. The lot Is assessed one sewer unit. Wilson moved to deny the application on the groimds that there Is not sufficient area for two lots and no hardship has been shown. Motion seconded by Frahm. Vote: Ayes (5), Nays (1) Hurr was opposed to the motion as she felt the application should have been tabled until a study of the lot sizes In the area could be done. Motion passed. ATTENDANCE 7:30 P.M. KEN CHAPMAN 2695 Shadywood Road SUBDIVISION PUBLIC INFO. MEETING 7:30 P.M. - 8:00 P.M U (#428) -1^ I ■ ■i- =. jiiL JC \. •u # MINUTES OF A PUNNING COMMISSION MEETING HELD ON DECEMBER 11, 1978 Page 2 .•••V- Mr. Mills aiui Mr. Fox were present. Mabusth stated P. GERALD MILLS she had the Affidavit of Publication and Certificate 1600 Shoreline Drive of Mailing. No public comnents were heard. The main SUBDIVISION discussion was regarding the width and access location PUBLIC INFO. MEETING of the private road. The engineer's reconmendatlon was that the private driveway right-of-way be 50' platted as an outlet, extended out to Coimty Road 15 along the lot line between Lots 1 and 2. Hennepin County and the City engineer both recommend relocating the access on County Road 15 to the west. It was noted for the record that there Is an existing tennis court (Lot 5) which does not have a primary striicture. The lot line between Lots 3 & 4 has been adjusted. There Is a cottage (Lot 3) which Is 55' from the lakeshore (variance to be granted for non-conforming use). Staff will Inspect the septic system for this cottage. 8:00 P.M. - 8:05 P.M. (#431) Hassel moved to reconmend approval of the subdivision contingent upon: i|yi ! r 1 » < ‘i i < 4 V'-'' 1. 2. 3. Road easement of 50' dedicated to the City. Road should be constructed 22' wide from County Road 15 to junction point with a turnaround road serving the plat. Access location should be moved to the. west on County Road 15 for safety reasons. Park dedication fee. ! •im 1 Motion seconded by Hannah. Vote: Ayes (7), Nays (0). Motion passed unanlmo\isly. Applicant was not present. Planning Commission had several questions regarding Resolution No. 868: Item #1A - questioned the language as It appears to be contradictory to the original intent for Outlot A. VICTORIA GRAIN CO. 580 North Arm Drive FINAL SUBDIVISION (RESOLUTION) (#200) Item #3 - questioned the omitting of "and that the lots to the rear of the Land are not riparian to Lake Minnetonka" by the applicant's attorney. iiiiiffiiiMif III # MINUTES OF A PLANNING COMMISSION MEETING HELD ON DEC:BER 11, 1978 Page 3 The main change In the plat since preliminary approval is that Outlet A is not the one acre as required by the zoning code due to septic requirements now in effect it is only 3/4 acre. By itself it is not a buildable site, but it does afford adequate soil for septic expansion by Tract C. Hassel moved to recommend approval of the stibdivision in accordance with the attached re^rlution, subject to the review of Items No • lA and No. 3 by the City attorney, conditioned upon the combination of Outlot A and Tract C prior to final plat approval. Motion seconded by Hurr. Vote; Ayes (7), Nays (0) Motion passed unanimously. Mr. Craddock and Mr. Soderman (representative for Mr, Ledstrom) were present. Tlie private road has been designated as an outlot and the plat now includes Lot 3. Septic tests have been submitted and approved. The City engineer had no comments except that the plat looks adequate and meets the requirements. It was noted that the road is shown as 66* and would be adequate with 50'. Mich discussion related to the access for Lot 2. Applicant was informed that no driveway would be permitted through the wetlands. Frahm moved to recommend approval of the subdivision contingent upon the septic testing, necessary easements, 50' road dedication and the payment of a park dedication fee. Motion seconded by Hurr. During discussion, Mabusth stated that the only change since the earlier approval is that Lake Classen is now a natural environment lake and has different setbacks (150' lake setback) which the applicant stated they would have no problem meeting. Vote: Ayes (7), Nays (0), Motion passed unanimously. VICTORIA GRAIN C0« 580 North Arm Drive FINAL SUBDIVISION (RESOLUTION) (#200) Continued ii£^ hi. RICHARD LEDSTROM 3405 Sixth Ave. No. SUBDIVISION (#348) ► a.1 i z j •MUMttiiiMimiiiii .... ■ , ... ../...j^<— J: ^ ' m m T f" e MINUTES OF A PLANNING COMMISSION MEETING HELD ON DECEMBER II, 1978 Page 4 Gregg Mack was present. Hurr moved to recommend approval of the vacations on Big Island, legally described as: All of Linden Street, all of Elm Street, and all of Maple Place located within Kate B. Plumner's Subdivision of Lot 2 of Kltchel's Subdivision of Government Lots 5 and 6. Such vacation to be approved without relocation pf the p\d>llc right-of-way based on the following findings: HENNEPIN COUNTY PARK RESERVE DISTRICT Big Island STREET VACATIONS (#444) 1. 2. 3. 4. 5. 6. 7. The vacation does not affect access to or use of any affected or adjoining property. The City has not and does not Intend to develop, improve or \ise the property In any way. The property as It exists serves no public purpose. The vacation Is in the PUBLIC INTEREST, by: a) furthering plans of the Park Reserve District, b) reducing city liability for maintenance, and c) Increasing taxable valuation. The Supreme Court ruling applies to access TO the lake which Is not applicable in this factiial case. The only members of the public needing access are the three affected property owners who each have Independent access available. Public right-of-way Is not necessary to maintain access to affected properties. The piibllc Interest In a given amount of land area will be maintained by means of the Park Reserve's acquisitions on the east Island. The Park Reserve's acquisition plan Is In keeping with Orono policy as established In Resolution 446. VI i A' • ••••'> : ' ■ ■■ 'v. . I • • • Motion seconded by Hannah. Vote: Ayes (7), Nays (0). Motion passed xmanlmously. The applicant was represented by Mr. Jerry Uzzell an elder of the Jesus People Church. The following neighbors were present: Curt Christensen, Mrs. Don Keesllng and Jim Keesllng. It was stated that the request was for a 10' front yard variance and a 10' side yard variance. The height of the proposed building is 17-1/2' with nothing proposed for the upstairs at this time. Discussion was hindered because the representative was not familiar with the proposal. The main concern was the septic system which is not functioning properly. JOHN WORRE 1270 Arbor Street VARIANCE (#446) t ; I > i i MINUTES OF A PLANNING :SSION MEETING HELD ON DECEMBER II, 1978 Page 5 Hannah moved to table this request until the problem with the septic system is resolved, noting that this does not indicate approval or disapproval of the requested variance for the garage. Motion seconded by Hurr. Vote: Ayes (7), Nays (0). Motion passed unanimously. Mr. Hussman represented Schlee Builders. Most of the discussion was regarding the conq>arison figures of LR-lC-1 and the M-6 zoning districts in relatl-.m to the proposed development (comparison prepared by staff in their memo of December 4, 1978, Page 3). CORRECTIONS: Page 3, Patrick Baxter: 1. 2. Correct application nuoiber is #445. Amend first paragraph as follows: Mr. Baxter was present. Applicant is requesting a 35* right yard setback and a 10* left side yard setback as well as a lot area and width variance* Discussion mostly concerned staff's request that he reverse the side yard setbacks. Mr. Baxter stated .. . . ... . . . . . . .unanimously* The mayor brought in the revised plans for this application,and after discussion, the Planning Commission felt that the revised plans were improved over the denied plans. They felt that Council could act on the revised plans instead of referring it back to Planning Commission. JOHN WORRE 1270 Arbor Street VARIANCE (#446) Cont«~ During the discussion it was determined that the proposal was not suited for the M-6 zoning district. Planning Commission suggested that the applicant stibmit a PRD Subdivision within the LR-lC-1 zoning district. Applicant agreed to look into this possibility and to contact staff as to which direction he would piirsue. SCHLEE BUILDERS 3660 Shoreline Drive SUBDIVISION-PRD- REZONING (#447) SKETCH PLAN REVIEW P2( APPROVAL OF MINUTES November 27, 1978 JOHN NOBLE 1185 Femdale Road COND. USE PERMIT & VARIANCE (#429) Meeting adjourned 10:30 P.M. *4* *