HomeMy WebLinkAbout01-19-1976 Planning MinutesG
AGENDA
PLANNING CCM4ISSI0N MEETING OF JANUARY 19, 1976
CITY HALL - 7 30 P.M.
I. CURRENT ITEMS
A. Action Items
1.
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Public Hearing • Phillip D/kstra - 3080 North Shore Drive
* Subdivision
Minutes - Meeting of January 5, 1976
166 - R. L. Wenkstem - 650 North Arm Drive - Variance Renewal
#74 - John Allenburg - 865 Partenwood Road - Variance, Conditional
Use and Rip Rap.
#78 - James McCleary - 2259 Shadywood Road - Conditional Use Peimit
#79 - Fred Rogers Jr. - 1410 Bohns Point Road - Variance - Lot Area,
Width and Setback
#81 - Vincent Johnson - 1376 Park Drive - Variance
#82 - Stewart Perry - 2975 Casco Point Road - Variance - Side yard
#83 - Doug Heinsch - 4035 Watertown Road - Variance
#87 - Minnetonka Boat Works - 1449 Shoreline Drive - Conditional
Use Pexmit - Excavae 8 Refill for repair of launching ramp
#89 - Wayzata Coiaitjy Club - 200 Wayzata Boulevard - Conditional
Use - Exp^im of existing recreation facility in RR*1B zone.
Reconmend nomination coimiittee for Comnission appointments
B. Inconqslete Items
1. #84 - Hildur Hollander - 345 Spring Hill Road - Public Ffearing
Scheduled for February 2, 1976.
C. Work Session Items
1.
2.
3.
4.
5.
#85 - Quentin Johnson - 3509 Ivy Place - Subdivisioii - Preliminary
Approval • Schedule Public Hearing
#86 - Ski Tonka, Inc. - 4680 Bayside Road - Conditional Use Peimit
Second Phase
#88 - Veda, Inc. - Van Dale - Wayzat<» Boulevard - ITeplat -
Schedule Public Hearing
#90 - Dale McCurdy - 4041 North Shore Drive - Replat - PieliiTiinary
Approval - Schedule Public Hearing
#91 - Marina Licenses
II. Completed Items for Council
A. Open Items
B. Completed Items
1. #55 - Ulmer Construction Company - 70 8 190 Willow Drive - Subdividion
Concurred
2. #80 - Ton Nelson * 3245 Carmen Road • Variance ~ Concurred
3. #77 - Odd Rovick - 1055 West Femdale Road - Variance - Concurred
CITY OF OMKO, MDMBSOIA
ULAR PLAMONG (XMOSSION )CBTIN6 HBU) JANUARY 19, 1976
0^ Orono Plarniing Goomission met on the above date with the
xolloiriiig menbers present: Chslnmn C. Paul Pesdk. Menbers
Hannah, Guthrie, Woolley, Hake, McDonald, Dunlap and Van Nest
Zoning^ Administrator, Hmry Muhich and Building' Inspector^
Alan Olson.
Chairman Pesek annouiiced that this was the time and the place
for a public Hearing regarding the petition of Phillip lustra
for subdivision of his tract located at 3080 North Shore Drive.
The Zoning Administrator read the Notice of Public Hearing and
presented the Affadavit of I\iblication. It was explained that
the applicant's property consisting of 2.22 acres would exceed
the minimum lot size of one acre and the width requirement of
140 ft. as proposed in the division. Because Mr. Dykstra had
not yet arrived, Dan Hes^rg stated that he had been asked to
attend the meeting and could possibly answer some questions.
IXmlq) had questions concerning the old platted road thru the
property and idiether the lot was in a flood plain area. Hess-
bez^ replied that the road had been vacated and that a flood
plain would have no relation to the property as there was no
area below the 924 level. Carol and Jay Becker of 3145 North
Shore Drive presented a letter of objection which the Chairman
read and was as fbllows: Letter 'dated January 19, 1976 -
Ci'e recently read in a local piper that some more people were
Iv forking permission to subdivide their lots presimably for the
purpose of building more hones. We ftirther understand this
to be on the north side of North Shore Drive in the vicinity
of our home, which is located on the south side of North Shore
Drive.
We would like to voice our objection to the sibdivision of
properties on the north side of North Shore Drive for the
following reasons:
(1) The area in question is already pretty well built iq>,
meaning that it is well developed with homes. We think, there
fore, that it would be a mistake to allow more home building in
the already well-developed areas of Orono which would also in
crease the density of population in an area idiich is already well
populated. If the Planning Conmission peraitted everyone in Oron
who had a larger size lot to sibdivide and build homes, we sus
pect we would not only end up with a density of population unsat
isfactory to the majority of Orono, but we would find that the
resources of the connunity would be taxed beyond a reasonable
point.
(2) Putting more homes on the lots which already have
homes on them would result in the deterioration of home values
the imnediate vicinity. As stated above, the area is already
'^^l settled. If more homes are introduced in the area, we think
that catmicn sense indicates that there will be an overall down
grading of the area as a place to live due to the fact that it
is now more crowded with housing.
built up although it still retains a rustic, somewhat rural 'look"
Presently, the area is well
a rustic, soaiewhat rural 'li
due to ^e fact that it is heavily wooded, and the homes are well
ATTENDANCE - 7:38 P.M.
ORONO CITY HALL
PUBLIC HEARING
PHILLIP DyKSTRA
3080 NORTH SHORE IXOVE
SUBDIVISIGN
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MDUIES OF A PUNNING CCHaSSION MEETDIG HELD JANUARY 19 - PAGE 2.
t back from the road. Putting homes close to the road not
ly increases the density of the homes, but also gives the
appearance of a heavily settled area. We tiiink it is fair to
cmclu^ that vtoi density of hdmes is increased, the value of
the neighboihood suffers from an economic point of view.
In sunmary, we feel that granting this variance will not only
result in umecessaiy croi^ing in teims cf increased density
of population, but will also have an adverse affect on values
of nearby homes and property in the area. We would hope that
the Orono Planning Conmission would take a farsighted attitude
toward the question of subdividing lots for the purpose of
building more homes, particularly in recognition that the pre
sent character of Orono as a rustic, rural connunity gives it
a special value and appeal. Your consideration of our feelings
IS appreciated'.' (Bid of Letter).
The caiainnan also read a letter of objection from James A. and
Helen D. Ross of 3017 North Shore Drive idiich stated the fol
lowing: Letter dated January 14, 1976. -
"We regret tiiat we will not be in town for your meeting in
regards to 30M North Shore Drive. We strongly object to any
change that might lead to additional homes being built r'
North Shore Drive. We felt this way last year vdien thi
^tter came up at 3080.same
re houses may have a tendency to lower the property value from
the bridge up to Bohn's Point." (End of Letter).
Member Van Nest presented a letter of objection that he received
from Mr. and Mrs. George Grooms of 3065 North Shore Drive which
was read and stated the following: Letter dat^ January 16,1976.
"Regarding the subdivision at 3080 North Shore Drive. hus
band and I are very cmcemed and ^pset about Mr. Dykstra's de-
teindnation to subdivide his property.
Most of us in this area have been here many years and have loved
and cherished our property and the feeling of openness. It dis
turbs us greatly that Mr. Dykstra would move here from New Jersey
and almost at once begin plans which would change the character
of the whole neighborhood.
While the feeling among the neighbors with idiom we have talked
seems almost unanimot^, we have heard of one other property owner
vdio, if Mr. Dykstra is successfil, also plans to build two houses
on the front of his lot. We fear that eventually the whole thing will go.
We hope you wHl give carefiil consideration before opening the
/^r to the kind of piggy-back housing which is found in other
><ss desirable lots around the lake. Thank you," (Bid of letter)
Van Nest expressed his feelings that if the division was approved
it should be stipulated on the plat that an easement was not to
be granted to the lakeshore so that future buyers would be put
on notice. The Comnission noted the piblic opposition to the
PUBLIC HEARING, cont
3080 NORIH SHORE DRIVE
SUBDIVISION
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MINUIFS OF A PLANNING SSION MEETING HELD JANUARY 19, 1976 - PAGE 3.
^mposal but felt that because the application net all the zoning
m^quirements and had been assessed for sewer that denial of the
application would be unjust. Mr. Dykstra then reviewed the his
tory that led to his decision to apply for the division. During
the 73-1 sewer project, he had received two sewer unit charges
and vdien protest was to the Council they upheld the assess
ment as correct. Mr. Dykstra related that the additional unit
charge for the extra acreage would cost him more than he could
afford and so he was forced to the decision he has node. He
stated that he would not have considered division of the property
if the assessment was not the factor. Mr. Herbert Willis of
3048 North Shore Drive stated he was opposed to the plan because
it would destroy the ecological nature of the area in addition to
generating more boat traffic. He felt that the street vacation
was sufficient evidence that the founding fathers had felt
double lots were not in the public interest. He also expressed
his feelings that the assessments on the Dykstra property had
been wrongly calculated when he compared them to his own. He
asked to go on record as opposed to the subdivision but also
in synpathy with Mr. Dykstra and felt flno5her review of the
assessment should be made. The Geun^'^iisked the public, that
were effected by the c^lication, to show their opinion of the
petition by a sh<mr of hmids. All were in opposition to the
application. The sewer mq> of the area was then viewed. The
Conmission remarked to the public concerning their perplexity
as to making a decision on the matter due to the Council having
^"^iously tqoheld the assessments, their sympathy with the ap
plicant and their agreement with the neighbors lAo were all in
opposition to the prmsal. After all the public present were
afforded an opportunity to be heard, the hearing was closed.
Chairman C. Paul Pesek called to order the regular Planning
Conmission Meeting of January 19, 1976, at 8:00 P.M.
McDonald moved, Guthrie seconded, that the Minutes of the
Regular Planning Conmission Meeting held January 5, 1976,
be approved as amended. Motion, Ayes (8) - Nays (0).
The Planning Conmission proceeded to discuss their views on the
Phillip Dykstra subdivision application. Pesek felt that the
Conmission could not refuse the division but suggested that they
encourage another look at how the assessment was done. Dykstra
stated that he would withdraw the petition if the assessment was
set at one unit. The possibility of rezoning the area to two
acres was discussed. Van Nest f^lt that the whole 73-1 project
would probably have to be reassessed if rezoiiing were applicable.
Hessberg suggested that the unit charge be deleted until such
time that a building permit were applied for and that other
/'^nunities have used this policy. Van Nest felt the Planning
v>idtnnission should support a chan^ of the sewer assessment in
order to m^tain the character of the neighboihood. He felt
that the City Land Use Qlicies should not be upset by a sewer
line in the ground. D)dcstra wondered vdiat the neighbors would
say about having to pick up the approximately $7,000 if the
charge were ^leted from his proper^. Van Nest suggested
the possibility of the City purchasing a conservation easement
PUBLIC HEARING, cont.
3080 NORTH SHORE DRIVE
SUBDIVISION
CALL TO I Nl ER - 8:00 P.^
APPROVAL OF MINUTES
VEETWG OF 1/5/76
fflILLIP DYKSTRA
3080 NORTH SHORE DRIVE
SUBDIVISION
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MNUIES OF A PLANNING OtWOSSION h«miNG HEU) JANUARy 19, 1976 - R
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; w^d prevent division of the land. It was also reennhasized
at the Council’s policies would be weighted by others having
two or more sewer mits and would, of course, ask for the same
colorations. Van Nest moved, Guthrie seconded, that the stib-
div^ion application of Phillip Dyicstra be tabled for a two week
period because the Pi^lic Hearing has shown that the subdivision
IS not desirable to either the qjplicant or his neighbors and
the time will enable the Coomission to request that the Council
Attorney review the matter to see if an adequate solution
could be found to the problem. Motion, Ayes (8) - Nays (0).
PHILLIP DYKSTRA, cont.
3080 NORIH SHORE DRIVE
SUBDIVISION
J<*n Mlenburg presented his propoM grading plan and driveway
location as requested by the C-iidl. After review of the sur-
Mr. Allenburg stated that i^ aid not show his planned intent
whra was to keep his house at 935 level and end up with a 932
^ade. The plan also showed a two foot increase in the shore*
line idiich Mr. Allenburg felt would help in retaining water.
Hake moved, Woolley seconded, that the John Allenburg application
^ tabled until he returns with a corrected plan. Moticii, Ayes (8) - Nays (0). ’ '
heapplicant's request, the Zoning Adninistrator presented
j Conditional Use request for 2259 Sha^rwood
id. pe petition was to repair and renovate the old Dahlgren
•aner s Building into a comnunity hobby and craft training
Iter \Aiich is permitted as a Conditional Use in a LR-IC zone.
In addition he asked approval for over-the-counter sales of the
materials usM and the finished products. Previously the Plan
ning Oomnission had asked the Zoning Administrator to talk to
Mr, McCleary and see if he w<Kild consider dropping the over-the-
counter sales as a part of his application. The Zoning Adminis
trator stated that Mr. McCleary would accept no change in his
original application. Hake moved, Hannah seconded, that the
Flaming Commission recommend to the Council denial of the James
K. McCleary Conditional Use application because the proposed use
is a comnercial use in a residmtial zone and not a permitted
iwefor this area. Motion, Ayes (7) - Nays (0) - Abstain (1). McDonald.
The Zoning Administrator reported concerning the status of the
Fred Rogers, Jr. property located at 1410 Bohns Point Road.
A^ P^sent the hazardous conditions have not been rectified nor
the violation tagged. Ihe Zoning Administrator reported that he
received a ^1 from Peter Fox, the realtor, on Friday requesting
a letter pointing out the problems requiring correction before
proceeding wi^ Ae variance proposal. Mr. Mihich informed the
Planning Commission that two similar notices were already sent
to Mr. Fox on Dececfl)er 18, 1975 and January 13, 1976.0
Vin^t Johnson presented his request for a lot area and rear
JOHN ALLENBURG
865 PAR3BNNOOO ROAD
GRADING PLAN 8 DRIVEWAY
Ji^ K. McCLEARY
2259 SHADYWDQD ROAD
CONDITIONAL USE PERMIT
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FRED ROGERS JR.
1410 BOHNS POINT ROAD
VINCENT JOHNSON
1376 PARK DRIVE
VARIANCE - LOT AREA
8 REAR SETBACK
MINUTES OF A FLAMMING GCTtUSSION MEETING HELD JANUARY 19, 1976 > PAGE 5.
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tile lot in the 50's and that it was unexpandable unless the
l^ty would give up the triangle v?sed in roadway alignment. He
presented a plan for a small house noting that the ared consisted
of small lots and small houses and would not be inconpatible in
the neighborhood. The Conmission menhers stated they had been
unable to locate the tract and the Zoning Administrator stated
that he had not required a survey feeling that the petition wds
likely to be denied. The Commission asked that Mr. Johnson stake
out the tract so that they would be able to find it. Hake moved,
Dunlap seconded, that the Vincent Johnson variaice application be
tabled for on-site review because the Conmission members were
previously unable to locate the tract. Motion, Ayes (8) - Nays
(0).
Russ IVenkstem requested the Commission to approve an 8 foot
lakeshore variance to an attached deck for a house plan that
h.3 submitted. He stated that his plan was to sell the tract
..t 650 North Arm Drive and that his purpose in submitting the
.application was to insure the buildwility of the lot for a
prospective buyer. The building plan was to be used to sell
tii3 lot's potential. The Commission disagre^ with the intent
feeling that they should only consider lot width and area ra
ther than include too many permissive conditions. Dunlap
'.Tioved, Hake seconded, that the Planning Conmission reconmend
to the Council, in order to insure the buildability of the lot
to the har^hip in the lot width and lot area and also
Sr^cause the tract had been assessed for sewer and had no
ndjoining land available, that approval be granted for an 8
foot road side variance and a variance on lot width and lot
area. Motion, Ayes (8) - Nays (0).
VINCENT JOHNSON, cont.
1376 PARK DRIVE
VARIANCE
mSSELL NENKSIERN
650 NORTH ARM DRIVE
VARIANCE - REAR SETBACK,
LOT WIDTH 6 AREA
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Stewart Perry appeared to request a side yard setback variance
of 2.6 foot from the requirement of 10 feet, in order to con
struct an addition onto his existing house. Mr. Perry noted
that the house would abutt a lot with a tennis court and sub
mitted a letter of no objection from James R. Hartzell, the
adjoining property owner. Hake moved, Ckithrie seconded, that
the Planning Conmission reconmend to the Council approval of
the variance request of Stewart Perry as submitted. Motion,
Ayes (8) - Nays (0).
Doug Heinsch appeared tq^^g^g^st approval of two variances in
the construction of a newt at 4025 Watertown Road. Although
the parcel exceeds the five acre lot area requirmnent, the width
of the tract is only 230 ft. and would need a variance of 70 ft.
on the lot width. In addition, he explained that the land was
situated in sudi a way that it fell off to the west and would
necessitate a considerable amount of fill unless a side yard
^ Tiance of 15 ft. from the required 50 ft. be allowed. The
wAing Administrator noted that neighboring properties were
all large enou^ to maintain safe spans from any existing stru
ctures. Woolley moved, Guthrie seconded, that the Planning
Conmission reconmend to the Council that the variance request
of Doug Heinsch be approved as submitted. Motion, Ayes (8) -
Hays (0).
STEWART PERRY
2975 CASCO POINT ROAD
VARIANCE - SIDE YARD
DOUG HEINSOi
4025 WATERTOWN ROAD
ViiRIANCE - LOT WIDTH
q SIDE YARD SETBACK
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MINinBS OF A PLANNING CX3^WISSICN MEETING HELD JANUARY
g||presentatives of the Wayzata Country Club appeared regarding
^leir petition to expand their existing Conditional Use Permit
by cmtiucting a new addition onto their building. The Com
mission reviewd the site plan and noted that a new turn around
would be required. Hake moved, Guthrie seconded, that the
Planning Conmission recommend to the Council approval of the
W^^ta Couitiy Clids's application for expansion of their Con
ditional Use Permit and that the site plan be approved. Motion,
Ayes (8) - Nays (0).
WAlfZATA COUNTRY CLUB
200 WAYZATA BOULEVARD
EXPANSION OF CONDITIONAL
USE PERMIT
The Zoning Administrator presented the petition of Minnetonka
Boat Works for a Ccnditicmal Use Permit to repair a hazardous
condition created by a bul^ in the seawall of their boat
launching ramp. The petitioner would be req':i?ed to excavate
along the walls, re-erect the existing walls and refill the
area excavated. Hake moved, Guthrie seconded, that the Planning
Ccmniission recommend to the Council iq>proval of the Minnetonka
Boat Works Conditional Use Application as submitted. Motion,
Ayes (8) - Nays (0).
mNNETCMA BOAT WRKS
1449 SHORELINE DPJi^
CONDITIONAL USE PER :?T
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The Zoning Administrator conveyed to the Conmission the Council’s NOMINATION CO^tllTIEE
request that they select a Ndnination Coiimittee to fill the
vacancy on the Conmission. Gary Welsh was selected by the Council
^ their representative. The Conmission proceeded to appoint
Paul Pesek and John Hake to serve with Councilman Welsh as
a Nomination Conmittee.
The Planning Conmission directed that a Public Hearing be sche-
dined for Tuesday, February 17, 1976, at 7:30 P.M. in the Orono
City Hall concerning the sidxlivision application of Quentin
Johnson, Allen Oiibldee and Ken Lantto for property located at
3509 Ivy Place.
QUENTIN JOHNSON, ETAL
2509 IVY PLATE
SUBDIVISICW
The Planning Conmission directed that a Public Hearing be sche-
dided for Tuesday, Fdjruary 17, 1976, at 7:45 P.M. in the Orono
City Hall concerning the siibdivision application of Dale McCurdy
for property located at 4041 North Shore Drive.
DALE McCURDY
4041 NORTH SHORE DRIVE
SUBDIVISION
The Planning Conmission directed that a Public Hearing be sche
duled for Tuesday, February 17, 1976, at 8:00 P.M. in the Orono
City Hall concerning the subdivision application of Anna T. Holter
for property located at 2705 Wayzata Boulevard.
.WNA T. HOLTER
2705 WAYZATA BOULEVARD
SUBDIVISION
The Ccmmission appointed Diana Dunlap and Greg Hannah to serve
as a conmittee to review 1976 Marina Licenses. The Conmission
isted that the Council appoint one of their meni^ers to be
frt of the conmittee.
as a I
^?)iue;
pdrt (
GCfMTIEE APPOINTMENTS
1976 MARINA LICENSES
Hake moved, Hannah seconded, that the meeting be adjourned
at 10:28 P.M. Kotion, Ayes (8) - Nays (0).ADJOURI'MENT