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Home My WebLink About10-23-1978 Planning Packeti- I agenda PLANNING COMMISSION MEETING OF OCTOBER 23, 1978 COUNCIL CHAMBERS - 7:30 P.M. CALL TO ORDER 1. Call to Order & Roll 2. Comprehensive Planning Comments ACTION ITEMS 3. 1^430 James DeSplinter, 1121 Elmwood Avenue VARIANCE SKETCH PLAN REVIEW 4. #431 P. Gerald Mills, 1600 Shoreline Drive SUBDIVISION ♦ * 5. #432 Burt Corwin, 1125 Hunter Drive SUBDIVISION APPROVAL OF MINUTES 6. October 10, 1978 ANNOUNCEMENT 7. Date of Joint Planning Commission/Counci! Meeting November 30, 1978 »«r !-4# 1 ll Pi VILLMSE OF OlONO W M«l •iCUAIi T WLLf rn-ii'iMMittf Witt TO: FROM: Planning Commission and Council •^1 2{ , ^30 Jeanne Mabusth, Asst. Zoning Administrator DATE: SUBJECT; October 17, 1978 #430-James DeSplinter, 1121 Eltm>;ood Avenue Renewal of Variance Application Mr. DeSplinter's original variance application was approved by Council on January 10, 1977. His new plan shows the house meeting all setback requirements, but the garage is setback 11' from the road. Staff required the unused road access of 20' width be staked by the surveyor. The existing shed on neighbor's lot to the north is located 3' within road right of way. If shed is destroyed, a new shed must be located 35' from ElnrA’ood Road, but this has no effect on DeSplinter's application. The applicant will have to submit regrading and drainage plans for access road to be reviewed by City engineer. Lot is sewered and has been assessed one unit charge. Zoning District LR-lB Ordinance 34.450 Lot Area required: proposed: variance: 43.560 sq. ft. 26,000 sq. ft, 17.560 sq. ft.407. Lot Width required: 140' proposed; 100* variance; 40'287. Front yard setback required; 35' proposed; 11' variance: 24'697. Hardships; No adjoining lots available. Topography of lot - severe slope to west (rear of lot). CITY OF ORONO, MINNESOTA Land Use Application • Jjress ./ /Ir>' I'Cr.'.rlkpA ------ i O'property)’ ZV Legal Description I-C7~f ^/t -*— / n<// APPLICANT NameP- IgI #yJS V-7/^ Mailing - ' Address Cc' ’>7C ‘ OWNER Name Mailing Address $£Tel # Present Zoning ^ //? TYPE OF REQUEST Subdivision $150+$5/Iot Conditional Use $50 ^^7), Variance $50 Rezoning $250 FEE Riprap $15 ($^) ^ <: C.-U ' y / Date Rec' d » v By_ _ _ _ _ _ _ _1 ' V * / / </ Present Use l'‘c^C > Zoning Ordinance Section Relating to Request 3^ ^-TJ3-- - - - - - - - - - - - -- Specify Ordinance Requirements / _ _ _ _^ S%_^i —->^ /(//) / CiAry^/i __ ____ iTvf-iia-in vniiT- r#:»rme55fc and reasons for same* VA A ^ ^ 7^ / Pi^c^/ ^ // J.S ---------------------------^----------------A \fj-fr - L-u/r/// 7 y VARIANCE required - extent of nonconformity iht-U^FnoM Area _ _ Setback Front_ _Side y.0 ^ Width _ _ Rear Other, explain Specify hardships to property 0/>y~^//U ^U/ SUBDIVISION application Residential Other, explain No. of Lots CONDITIONAL USE AND OTHER - explain proposed use of property in detail MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) A \ 1. Application completed 2. Plat map section 3. Certificate of survey of property sketch location and setbacks of proposal 4. Construction.plans, if applicable Certified Property Owner's list of owners within (300') (150*)- from Hennepin Co. Dept, of Finance A-603 Government Center Stamped, legal sized envelopes(#10) pre-addressed to each of the names on the above list. Applicant's Signature ^ /(Xmer's Signature Applicant hereby agrees to provide all Information required or requested by .the Zoning Administrator, Crty Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all fees as est ^blished by ordinance. 5/78 ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 3 Orono has had an advanced septic system design and installation code for the last 16 years. In consort with Metropolitan Council recommendations and Minnesota Pollution Control Agency specifications, the City is now developing permanent maintenance and performance regulations which will apply to all on-site systems. The enforcement of the expanded responsibilities will require the services of an additional City employee who will administer the code, inventory existing systems, review design specifications, issue permits, perform on-site inspections and enforce necessary alteration and operation standards. The work should begin at once so that the initial research can be copipleted in time to devote attention to on-site inspections as soon as the weather allows. PUELIC HEARING (Continued) Mr, Larry Blackstad commented that ho v/ould check with H,U,D, but was sure that this project would meet their criteria. Mayor Van Nest announced that the second public hearing will be held Tuesday, January 11, 1977 at 7:00 P.M, in the Couiicil Chambers. The public hearing adjourned at 7:25 P.M.PUBLIC HEARING AD,tOURNE* Butler moved, Hassengale seconded, that the Minutes of the Regular Meeting of November 22, 1976, be approved. Motion, Ayes (4) - Nays (0). MINUTES November 22, 1976 Butler moved, Massengale seconded, that the Minutes of the Regular Meeting of December 13, 1976, be approved. Motion, Ayes (4) - Nays (0). MINUTES December 13, 1976 Park Commission Chairman Walter Lathrop introduced Mr. Les Kelley, 125 Brown Road South, as the Park Commission's recommendation to their Corrmission. APPOINTMENT Park Commission Van Nest moved, Paurus seconded, to appoint Les Kelley, 125 Brown Road South, to the Park Commission for a three year term. Motion, Ayes (4) - Nays (0). Mo comments from the Human Rights Commission HUMAN RIGHTS COMMISSIOf No comments from the Planning Commission,PLANNING COMMISSION Henry Muhich, Building & Zoning Administrator, stated that Jim DeSplinter, 1121 Elm-zood Avenue, is requesting a lot area and width variance. The Planning Commission recommended approval of the variances required for the revised proposal subject to maintenance of drainage and satisfaction of concerned neighbors and City staff. VARIANCE 1121 Elmwood Avenue «164 Jim DeSplinter (Continued) OROHO COUNCIL MEETING HELD JANUARY 10, 1977 Justification for recommending approval: 1. 2. 3. 4. No Other land available. The property has been assessed for one sewer unit. The topography of the lot justifies right of way setback of 25'. All other setback requirenents will be met. Butler moved, Hassengale seconded, to approve the variances for Jim DoGplinter, 1121 Elmwood Avenue, per the Planning Coirunission Minutes of December 20, 1976. Motion, Ayes (4) - Nays (0). Henry Huhich, Building & Zoning Administrator, stated that Warren Ortenblad is requesting a variance at 2799 Casco Point Road. Planning Commission Meeting - December 20, 1976 Adjoining property owners were present. The third and latest proposal submitted indicates proposed location meeting all setback requirements and a reduction in excavation by raising floor elevation 4'. Neighbors were agreeable to proposal. Planning Commission recommended approval of lot width variance as the lot is currently occupied by a non-conforming dwelling, no other land is available, a sewer charge has been assessed, and the proposed location meets all setback requirements. Butler moved, Massengale seconded, that the variance request of Warren Ortenblad, 2799 Casco Point Road, be approved per the Planning Commission Minutes of December 20, 1976. Motion, Ayes (4) - Nays (0). Henry Muhich, Building & Zoning Administrator, stated that Michael Cloutier, 3120 Sixth Avenue North, is requesting approval to subdivide this 12 plus acres into two parcels - one parcel of approximately 4 acres and the second approximately 8 acres. This property is located in a 2-acre zoned district. The existing dwelling would be located on the 4-acre parcel. The second parcel which consists of some wetlands would be acquired by the Hennepin County Park Reserve District. Page 4 VARI/J'ICE 1121 Elmwood Avenue (Continued) VARIANCE 2799 Casco Point Road #195 Warren Ort':,'blad SUBDIVISION 3120 Sixth Avenue North #175 Michael Cloutier Since the proposal does not increase residential development, I believe we could waive the park dedication fee. (Continued) MINUTES OF A PIANNING CaSUSSICN hlEETING HELD DECEflBER 20, 1976 - PAGE 2 lot and possible sewer probleris in the future. Planning Ca'ftiiission informed Mr. Praucr that tlie mininnmi rcquircfTient for OT-site septic systems is 2 acres. After all the public were heard, the Public Hearing was closed at 8:10 p.m. The Planning Commission continued to discuss this appli cation. Pcsek moved, Hannah seconded, to table this matter and suggested that the developer return with a more acceptable plan indicating the following: 1. Elimination of the chanriel. 2. Conservation easements over marshlands and wetlands - no filling of marshlands or wetlands. 3. Alternate provisions for docking - no outlots. 4. Lot line rearrangetuent of existing lot to corrply with code requirements as our records indicate that this parcel was not in single separate ow-nrrship as of January 1, 1975. 5. Revised arrangement of lots, possibly eliminating one or two lots. An area designated as marshlands by the Hennepin County Soil Conservation District vdiich extends across Lots 3, 5 and 6 is currently shown as dry buildable land. 6. Indicate dry buildable lot areas in square footage. 7. Indicate easements (access and future utility). Moticwi - Ayes (6), Nays (0). Hosfield moved, Woolley seconded, that the minutes of the December 6, 1976, meeting be approved. Motion - Ayes (6), Nays (0). Applicant was present along with adjoining property owners, Hans Weiler and Richard Tiegen. The Zoning Administrator stated that Mr. DeSplinter had just presented a new pro posal before the meeting. The revised plan consisted of a narrower and longer house with a garage located toward the street and a lower level living area attached on the south side of the house. A variance for lot width and area would be required for this revised plan. A variance from the right of way setback requirement would also be necessary, ktr. Weiler approved of this revised plan. However, he was concerned that this proposal could possibly block his view of the lake. The applicant informed Mr. Weiler tJiat there would be no obstruction of his view of the lake. Mr. Weiler wanted^Jc be assured:that should Mr. DeSplintep sell his property in the future, the netv- owner would not obstruct his view with a proposed addition or fence. He felt that any obstruction would take away from the value of his property. Mr. Weiler stated that at the time he submitted his proposal to build a residence, he was informed by the Planning Commission that the subject lots were not build able. Had he known that the subject lots were buildable, he would have built up his house. Also, at the time his VICTORIA GIV.IN COMPANY (continued) (#200) APPROVAL OF MINITTES kEETING DECEMBER 6, 1976 JIM DESPLINTER 1121 EIAWOOO AVENUE VARIANCE - LOT AREA 6 WIDTH (#164) I I MIMrreS OF A PLAVMING COMISSION I-EETINGHHU) PFCEISER 20, 1976 - PAGE 3 proposal was approved, he was requested to conibine his fotjr lots along tlnns’ood and grant an open space caserient to the City o\cr his lake access Lot ^^6 which adjoins the DeSplinter property. Tlie Pla?ining Conrassion recognized Mr. Weller’s concern, but felt that the owners should possibly through a si^t easement. Mr. Tiegen was concerned about drainage. The applicant was instructed to meet with Jolm Gerhardson, Street Supervisor, before cotnmoncing with any grading to determine the location of the culvert lo maintain tlie natural drainage. After all the comments were heard, Pesek moved, Hannah seconded, to recommend approval of the variances m the b^is that there is no other land available to co,hbine ‘he two lots, property has one sewer assessment, contour the land, drainage and regrading of access road shall be approved by City Public Works Department and any building shall not interfere with tne adjacent property. Motion - Ayes (6), Nays (0). The Zoning Administrator informed the Planning Coi/mission that he had not had any contact from Mr. Wallack. Hajmah moved, Hosfield seconded, to table until we hear further woixl from Mr. Wallack. Motion - Ayes (6), Nays (0) Mr. Ortenblad and the adjoining property owners Santella and Gzundeen were present. Neighbors approved of the revised proposal submitted by the applicant which indicates that the proposed location meets the side yard setback and is situated in line with the adjoining neighbors. The grading cut has been revised fix>m 9’ to 4 ’. After a short discussion, Pesek rroved, McDonald seconded, to recoinnend approval of lot width variance as tte ^licant has changed his plans to meet the side yard settack and is consistent with the lot width of surrounding nei^ors and also complies with the average setback of adjoining houses, ^totion - Ayes (6), Nays (0). UeZOTi^ Administrator informed the Planning Coimission that he had received a telephone call from Mrs. Gasch requesting that this matter be tabled to allow more time tor the concerned parties to come to an agreeable solution moved, Hannah seconded, to table this matter. Motion - Ayes (6), Nays (0). The Zoning Administrator stated that he had not yet com- Dlet^ for their review. Hannah moved. JIM DESPLINTER (continued) (#164) STEVE WALLACK (T.M.G.) 4100 SIXIH AVENUE N. SUBDIVISION (PRELIMINARY) (#188) WARREN ORTENBLAD 2799 CASCO POINT ROAD VARIANCE - LOT WIDTO (#195) MRS. ROBERT GASCH 1030 TO:yfKAJVA ROAD VARIANCE - FENCE SETBACK (STRUCTURE) (#199) JAMES McCLEARY 3445 BAYSIDE ROAD NCN-CONFORMING USE (#210) if] l:i' '•■-•■• X If 1i\'^J . . »• .• •••HOWAflU P£RK£RKINS r I #4q i* for **.! l iron of !.o^r /, ?r.r! r>-'\rp a*"0 M riff-:'i r t' 2 F-rrh^ll ^ h''r:?'"y r^rtlfy t^nt i** n n r*'‘'r^ron‘* ntion o** n rii**'*'*** o r f V.r».,. ^o^v. /, 'iri fV'j-r* /‘n*q ’irt*n Fi*rnh!ll. jf «v .*• fo r* ov J rr t*", rr l r>\> o 1 •• r • **- I Tno r irVor 0. r •. • 'V. I.i: •\rt^ r I’lT.'ir Iion • // ) « I i TO: FROM: DATE: Planning Commission and Council #431 Jeanne Mabusth, Asst. Zoning Administrator October 18, 1978 SUBJECT: #431 - P. Gerald Mills, 1600 Shoreline Drive SKETCH PLAN REVIEW - Zoning District LR-IA The applicant proposes a division of the Hartzell estcte, a total of 17 acres into a five lot subdivision. The lot areas are approximate figures: Lots A through C contain 2.5 acres. Lot D has 3.0 acres and Lot E has 6.0 acres. The existing buildings on Lots A & B will be removed. All lots meet the minimum area requirements but lot dimensions are not recorded on this sketch so setback problems are impossible to determine. The developer will be advised of the minimum setback requirements. Soils and Septic Issue - The septic systems for the main house and the caretaker's house have been checked and appear to be in satisfactory condition. The soils are predominately Lester, which soils allow for conventional (standard) septic systems. We will require septic tests on Lots A through C. Riparian Rights - The property has riparian rights on both Smith Bay amd Tanager Lake. Staff recommends lake access be only to Tanager Lake because of the safety factor of crossing County Road 15 to Smith Bay. Private Road - The location of the proposed road serving all five lots is satisfactory, but the existing access point on County Road 15 is not acceptable. The access location serving one lot is questionable and serving five lots it becomes extremely hazardous. The plat will be reviewed by the Hennepin County Highway Department. i Land Use Application • --------------- LOC^^TION of proposal (or property) Address ------------- Legal Deseription lijL_4£sAa-- applicant NaineijJM^?t^'it& #--------- Mailing _ Address______________-——--------— OWNER Nan,e ^ ’ Mailing ^ ^ ,. j .u.-. type of request Subdivision $150+$5A^^ Conditional Use $50 Variance $50 Rezoning $250 Riprap $15 ($65) FEE QQ ^ Date Rec' LuUtiLiJ^Adaress _y —------ |_____________________ _ Present Use___ Present Zoning —---------- - zoning Ordinance Section Relating to Bequest Specify Ordinance Requirements Explain your request and reasons for same - - - _ VABIAHCE requeed - ex^ |ettacr''Fr^t!!. Side Width - - Rear Other, explain Specify hardships to property I^BOXVXSIO. application X^-tial ^ Otter, explain 1-1 CONDITIONAL USE ARD <m.ER - explain proceed use of property in detail MIHIMOM material (Must be submitted 10 days prior to Planning 1. 2 3 Application completed plat map section Certificate of survey of property sketch location and setbacks of ?:“^:uctlon plans, if applicable 5. 6. laf>'v/-7 L Applicant's Signature ^ date. «’• ^”^1,TJ:tT‘ro’.ro^sTt^is application and furtber agrees to pay Certified Property (Vner's Ixst of o^ers within (300') (150')- from Hennepin Co. Dept, of Finance A-603 Government Center Stamped, legal sized pre-^dressed to each of the names on Xisti.:nei aoove j '• ifc .. f* ^ . • t . . u '■■.: •■ 1 •#?* • ^ • •*•. • •• A • -V 1 •• ' ' •*• • % • • • ••• * 1 1. • ^1 • 1 * * • ■1 ** *1 • \ X r. ^ J r * 1 • 1 • ! • • • • • * . 1%r ** *. • 1 '■' 4> ■ *r’‘' f • • 1 • f > 11 • * - ■ 1 • % AcW "^■X • p % '-■■■h-i• • ^rfV- jutrori . : lOK JOLLtt inwri^. or ncisTKNu uuu> ftmitijo, tiirjiepiB Owp^Xp^ttlniy itii • ^ #^-3 1 • •• 5»»r * ^ ^*r* ij .• .*•.• V /• ‘i • • I •• ” ’ •!>«. \ • \ •} • .> " • . ^ ^ . • *r, •‘W 3 ;?4r. #;\t,X' Vl.: -*-- « •• V/ •. 15 N, \ .• • £99%hnm rv •V •1^', %t V ^ . * 4i. ‘ St" •: • * * *• ,. iiV >% ; V* .•»^.,> ». • ► ' • ■; I .A- • ••. > I' ’/*• *', .• *• •* ,.U'. -I.* ** v ** //. -i* ( i ;V ■ ‘••#v* , . •• . . JStJf D7T—, ?OAO t fS0$ **' to' NQ 0 - l»>73FTr!2w| ; . f? LAKr • • • 'MlNNFTnkitrA' TO: FROM: Planning Commission and Council Jeanne Mabusth, Assistant Zoning Administrator rr O eQ DATE:October 17, 1978 SUBJECT: #432 - Burt Corwin, 1125 Hunter Drive Subdivision Application SKETCH PLAN REVIEW Zoning District RR-lB Mr, Corwin proposes a 2 lot subdivision of a 22+ acre parcel in the northwest quadrant at the intersection of County Road 6 and Hxjnter Drive. The 2.6 acre lot has an existing house with an on-site septic system that will be inspected by the Septic Inspector. We will waive a septic test for the 19+ acre lot. The developer should be made aware that if this 19+ acre parcel is subdivided a septic test wilT. be required. There are three designated wetlands involved in this subdivision each must be designated either by a metes and bounds or drainage easement description. The applicant must then enter into a Conservation and Flowage Easement agreement with the City. The final plan must designate a 5* drainage and utility easement along lot lines. The 2.6 acre lot meets the necessary 2-acre continuous dry buildable requirement. All setbacks for the.house and accessory buildings meet the zoning requirements of the district. i i % •• Land Use /application • LOC^kTICMJ OF PROPOSAL (or property) Tiddross______1125 Hur^ter Drive________________________ S. 25 acres of the N. JO acres of I/egal Description I'ii’ of the Sil^ Sec. 25# T118|H2^ APPLICANT Name Burt Corwin_________Tel # 339-6336 Mailing Poycraft Comjany, 400 1st Avenue North Address Nerchandice Center# I'lnneajx>lis, I'N 55^01 OWNER Name Mailing AdIrcss Cane as above Tel # Present Zoning ^~1B__ / TYPE OF REQUEST V Subdivision $150+$5/Iot Conditional Use $50 Variance $50 « Rozoning $250 _ _ Riprap $15 ($65) FEE . V'- 7^"^ /■ 3 9^ Date Fee ’ d ~ / 3 ' y'.p By _ / Present Use Hesldence i • « %. ,M4 &j/i sm \ C / o < C 'L REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 23, 1978 Page 27 Pesek moved, Paurus seconded, to give preliminary approval to the request of Tom Leach, 2535 Shady- wood Road, for a subdivision per the Planning Commission recommendations of January 16, 1978, plus title opinion to the City. Motion, Ayes (3) Nays (0). SUBDIVISION 2535 Shadywood Road «344 Ton Leach Mayor Van Nest entered into the record the Plan- CONDITIONAL USE PERMIT ning Commission minutes concerning the request 3250 Fox Street of George Dixon, 3250 Fox Street, for a conditional #347 use permit for a guest house, dated January 16, George Dixon 1978, which stabe: Contractor Ilr. McNulty was present Planning Commission recommended approval of conditional use permit for guest house with the following stipulations: 1, Size of structure not to exceed dimensions indicated on plan. 2. Second residence to be used for guesthouse purposes only. 3. Prohibit use as rental unit for income purposes. Council Meeting - January 23, 1978 Mayor Van Nest moved, Pesek seconded, to approve the request of George Dixon, 3250 Fox Street, for a conditional use permit for a guest house per the Planning Commission meeting of January 16, 1978. Motion, Ayes (3) - Nays (0). Mr. John Hacking and Mr. Cargill discussed their proposed project, subdivision at 580 North Am Drive, Victoria Grain Company. Mayor Van Nest moved, Pesek seconded, to adopt Resolution #868, A Resolution Of The City Of Orono Granting Preliminary Approval To The Preliminary Plat And Approval For The Construction Of One Private Dock Structure Across A Marsh, in accordance with previous agreement with final design to be included in the final hardshell. Motion, Ayes (3) - Nays (0). 1 iDIVISION 0 North Arm Drive #200 RESOLUTION #868 Victoria Grain Company 580 North Arm Drive Mayor Van Nest moved, Pesek seconded, to approve a variance to Ordinance No. 125 to construct one private dock across wetlands as per agreement and resolution. Hardship being time constraints to construct before ice goes out. Motion, Ayes (3) - Nays (0). I INFORMATION - COUNCIL AGENDA 10-23-78 RESOLUTION NO. A RESOLUTION REGARDING ENFORCEMENT OF ORDINANCE 210, THE CITY OF ORONO ON-SITE SEWAGE TREATMENT CODE WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted zoning regulations, subdivision regulations and on-site sewage treatment regulations for the orderly, economic and safe development of land within the City and for pro .• of the public health and safety by prevention of sewage poll •. -i of ground or surface waters; and WHEREAS, as a part of these regulations. Chapter 22.20, Subdivision 6 of Ordinance 210, states that "No subdivision, lot division or replattlng for the purpose of creating a new building site, which property Includes the use of on-site systems, shall be approved by the City until a site evaluation report as required by the Design Manual has been reviewed and approved by the City engineer, and all existing systems have been inspected and certified by the City as being in compliance with this code."; and WHEREAS, the intention of the above Section is to assure that all newly created building sites will contain soil and site characteristics suitable for proper operation of on-site sewage treatment systems; and WHEREAS, prior to the adoption of Ordinance 210 on April 13, 1978, certain subdivision applications were granted preliminary plat approval without the requirement for review and approval of on-site sewage treatment system site evaluation reports* and * WHEREAS, certain of the above noted subdivision applications have not yet been returned to the City for final plat approval; and WHEREAS, under the laws of the State of Minnesota and the ordinances of the City of Orono, preliminary plat approval does not vest any rights with the subdivider prior to final plat approval; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby declares that the intents and purposes of Ordinance 210 supercede any previously granted preliminary plat approval; that full compliance with Ordinance 210 shall be required of all subdivision applications prior to final plat approval; and that specifically wherein certain subdivision applications received preliminary plat approval without city approval of septic system site evaluation reports, such reports including all required on-site percolation testing and soil borings, shall be required to be submitted to and approved by the City prior to final plat approval K Resolution No. Page 2 AND, BE ir FURTHERMORE RESOLVED, that the requirements of Ordinance 210 as noted above, specifically including the requirement for review and approval by the City of an adequate septic system site evaluation report, shall be completed prior to final approval of the following application; Case No.200 Applicant Victoria Grain Company (Bob Cargill) Subdivision Name Victoria Estates Application Date November 3, 1976 Date of Preliminary Approval January 23, 1978 Date of Return for Final Approval October 10, 1978 Number of Proposed Parcels seven (7) Dated this day of Walter R. Benson, Clerk/Administrator ATTEST: Alberta Strom, Deputy Clerk U4T1' ot liKUAO 0 il OfTiCf'Boi 66«Cr>iUl Bay, Minnef.oU S5323* Municipal OfTicfa Tfleohone 473-7357 m Mr, A. J. Tour.Tngeau 2060 Central Avenue , Way^ata, Minnesota 55391 • • NOTICE OF CITY COUNCIL ACTION 414-421Control No. _ Variance _ _ Conditional Use Permit Subdivision, Prelim. _ Subdivision, Final X Rezoning_ _ _ _ _ _ _ Date of Notice 10-16-78 Date of Meeting:_October 10, 1978 Votes: Action: 5_ For _^Against Abstention Approval: As submitted subject to applicable ordinance requirements Approval: Subject to conditions noted X Deferral: Pending receipt of information noted _Referral: Review by others, as noted Denial: For reasons noted NOTES & SPECIAL CONDITIONS: Council tabled application until October_2^1^8 meeting at request of Bob Reutiman and his attorney. Tourangoau was present. Referral will allow all parties time to review draft of proposed resolution stating facts of this case. Reutiman's attorney was to send comments to the City before October 20, 1978. peadllnes: 1 • Variance approval expires one year after the meeting date. • Contact building inspector for required permits. Conditional Use Approval Must be renewed annually. . Expires on ________________ Must be renewed upon change in ownership or use. Preliminary Subdivision approval expires after one year of meeting date. Contact Zoning Administration for final plat requirements. _ Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. Deferred items may be declared formally withdrawn if applicant falls to provide information within one month of meeting date, or by date specified by Council. If you desire certified copies of the official City Council Minutes, they are available from the Deputy City Clerk upon review and approval by the Council. f-I cc: Mr. Bob Reutiman PHl.EGER AND REUTIMAN attorneys at law 30S CAST a,cc strict WAY2ATA. MINNESOTA 55391 #4 JL OAQr L. PHI CGCII POBCRT W BCUTIMAN. Jfl. 613-473-733e October 16, 1978 #421 Orono City Council Orono City Hall Orono, MN Re: Proposed resolution concerning 1960 Shoreline Drive Dear People: Thank you for tabling this matter to allow us an additional period of time to respond to the above resolution, which is basically a series of fact findings to be used in subsequent decisions. We would like to respond to several of the pro posed findings with reference to each said finding to which we have a comment or objection by finding number. Our comments are as follows: No^__6: The fact is that my client has had an interest in this property since 1954, when he built the exi^cing gas station. This lease arrangement, and ownership of the building, has continued since that time. We would request that this finding reflect that fact because it certainly clarifies our standing to be heard on this issue. Additionally, part of the irtrt inaccurate in that the portion leased consists of on Lots 24, 25 and 26, With additional driveway rights over the remainder of Lot 24. No^: The year of the sublease to Texaco was 1963, and for finding^ accuracy that fact should be reflected in this No^: We would submit that this finding is ambiguous. What does normal mean? Additionally, it should be noted that the Mrty ^o operated the station prior to Texaco opened up longer hours than did Texaco. ^ ® ggjL.13: . Here again, what do words like "heavy", "high", and ^Tiaz^d mean? Is not this portion of the road a posted 40 mph limit? If sOf why not just say that. Does not the traffic density vary considerably depending on the time of day? Should r Orono City Council October 16, 1978 Page -2- not the nature of the hazard be defined? No. 14: V.liy not define the real problem, which as we understand iFTs"that after the station was opened up and in operation a conmercial marina was located across the highway, and that in recent years the station site on week-ends has been used for oarking by the marina, with the result that on week-ends in late spring, summer or early fall it has been necessary for the Orono Public Safety Department to control the crossing of pedestrians from the station site to the marina. The finding as presently drafted is certainly overbroad and so general that it really means nothing. No. 15; When did these complaints start? What is their exact nature? Is part of the hazard caused by an adjoining property owner using the dedicated street as his front yard? No. 19; This station is not as vestigial as this finding would imply, and therefore it is inaccurate. The fact is that for years prior to 1954 J. V. Spates ran a service station selling Kunz oil products and also nad a coal business office on this site. Additionally, we would point out that since its inception the marina has clearly expanded its operations. Therefore, the station is not the only’temnant”. No. 40; Motor fuel is motor fuel, regardless who pumps it, and candy^nd pop have clearly been sold on this site in the paA . Therefore, it is overbroad and sweeping to say that the referenced application is an expansion of the historic use of this property. To be accurate it should be reflected that the sale of milk, bread, beer, ice, and ice cream would be an expansion of the historic use of this property. No. 41; Is this true? Would not such combined usesin a B-1 area with a conditional use permit for motor fuel sales be con sistent with the ordinances? Also, is not the North Shore Union 76 located at the junction of Hwy. 51 and 135 in the City of Orono, and does it not combine and advertise the sale of motor fuel and ice cream and hot sandwiches (snacks) and bait and the like? No. 42; We respectfully submit that gas stations in and of themselves, unlike theatres, marinas, or other sources of recreation and amusement do not generate traaflc. Rather, they depend upon traffic for existence. Pedestrian traffic Orono City Council October 16, 1978 Page -2- not the nature of the hazard be defined? No, 14; V.hy not define the real problem, which as Tt 'is'that after the station was opened up and in operation a iomi.orSfl fnarlna was located across the highway and that m recent years the station site on week-ends has been used tor parking by the marina, with t’ e result that on week-ends in late siring, summer or early all it has been necessary for the Orono Public Safety Departnent to control the oedestrians from the station Sxte to the marina. The find 8 as presetly drafted is certainly overbroad and so general that it really means nothing. No. 13: When did these complaints start? What is their exact Hitllli? Is part of the ha^rd caused by an adjoining property owner using the dedicated street as his front yard? No. 19: This station is not as vestlglal^as this finding would imply7 and therefore it is inaccurate, ^he fact is that for Lnz oil products and also had a coal ®?-ceDtion site. Additionally, we would point out that the marina has clearly expanded^^its operations. Therefore, t station is not the only *Vremnant • No. 40: Motor fuel is motor fuel, regardless who ^ candv and dod have clearly been sold on this site in the pai . Therefore, it is overbroad and sweeping to say that the referenced application is an expansion of the historic use of PF?P® To be accurate it should be reflected that the sale of milk, bread, beer, ice, and ice cream would be an expansion or the historic use of this property. No. 41: Is this true? Would not such combined uses in ® area"with a conditional use permit for motor fuel sales be con sistent with the ordinances? Also, is CitJ^of"^ 76 located at the junction of Hwy. 51 and 135 in Orono, and does it not combine and advertise the ®®J® fuel and ice cream and hot sandwiches (snacks) and bait and the like? No. 42: We respectfully submit that gas stations in and of themselves, unlike theatres, marinas, or other sources of recreation and amusement do not generate traafic. Rather, they depend upon traffic for existence. Pedestrian traffic % Orono City Council October 16,1.978 Page -2- occurs to the marina because people have traditionally parked on the station site to use the marina, and then this problem has occurred during the peak periods we have noted. No, 49: Frankly, we were amazed at what can be categorized^ at the least at the "strong suggestion" made to Tourangeau that he apply for rezoning, and that is the reason no objection was made at that time. It should be noted for the record, that at a later meeting we did in fact expressly withdraw any support for the application for rezonlng. Was that fact noted for the record at the Planning Coirenission meeting at which the formal withdrawal was made? No. 55: We would request that the phrase "extent and degree be substituted for the phrase "manner and extent", since that is the language used by Section 32.480. No. 58: My notes dictated immediately after the meeting at which the rezoning application was first made clearly indicate that if Tourangeau would propose to rezone to residential, then SubdivTsion approval as well as a conditional use permit, would be favored. Also, it should be noted that the boundary lines of the lease and those of actual use and occupation for the service station site are the same. parenthetically that it was represented at the last meeting that tne drafv jTj 1_ _1..J* , V/e 1^01e ^—— ———— — — — — — —. council meeting that tne drafter's intent in using the words "motor fuel" did include the sale of diesel fuel should the same become economically feasible, which may well be the case. Thank youfor your consideration. We request that these comments, objections, and requests for clarification be included as a permanent part of the record of proceedings herein. ?■ I; r A I f/f VILLAGE OF OtONO ...V” (- 7 I ^ ' j-- /I^%V4.rV^/^*^C//u* w- /; •HtLIAH T Wn.Lt «K.l«*>* %mu-mf 1 .Vi.. . •II -i 't iiHTi i ilj ! i{ In ifijj "'i ;,.ll !i» M ri!iMii ! '»t ’,•‘11 lii!li lii-ultj M: I! 'If,. ii!;!l|i t J S I j i i !li! ! o J > >s<iflit '1l5 Ui «i^ Ji '' J ■' - -^ "t- ft-:!! j»Hii.|jlllf*^ «*-. K t'* ? ;i ^ "V u 6 fJ . * f} /Hw*0M«v' i.Mtm \ ^:l! '( <5f fn'f H /t i* ; 3 !.Ji. 5tfc CO to I- 12.000 12-S-oa •)u&00 #432 Wff ICOENO AIp ~X CIP —f M<a • M..M. mu f' OB icrnntaa miaMk, . nt> TEN OAKS