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Home My WebLink About02-02-1976 Planning Minuteso o AGENDA PLANNING CmilSSION MEETING OF FEBRUARY 2, 1976 ORONO cm HALL - 7:30 P.M. I. CURRENT ITEMS A. Action Items 1. 2, 3. 4. 5. 6. 7. 8. 9. 10. #84 • Hildur P. Hollander ~ Public Hearing Subdivision Minutes - Meeting of January 19, 1976 #28 - Roger Patch - 1330 Sixth Avenue North - Final Plat Approval #73 - Phillip Dykstra - 3080 North Shore Drive - Subdivision #74 • John Mlenburg - 865 Partenwood Road - Variance, Conditional Use § Rip Rap #81 - Vincent Johnson - 1376 Park Drive - Variance #86 - Ski Tonka • 4680 Eayside Road - Conditional Use Rod MacQiarles - 3502 Shoreline Drive * Special request for Non conforming Use Marina Licenses - Review and Discussion - Schedule Review Meetings Appointment of one additional member to serve with Qiairman Van Nest and Mayor Searles on the Orono-Long Lake Interceptor Committee Rbview. B. Incomplete Items (Status) 1. 2. 3, #85 - Quentin Johnson, etal - 3535 Ivy Place - Street Vacation § Sub division - Public Hearing to be held February 17, 1976 #88 - Veda, Inc. • 2705 Wayzata Boulevard - Subdivision - Public Hearing to be held February 17, 1976 #90 - Dale McCurdy - 4041 North Shore Drive - Subdivision - Public be n<Hearing to be held February 17, 1976 C. Work Session Items 1. 2. 3. 4. #94 - Stubbs Bay Marina Cafe (Bruno Burak) - 3445 Bayside Road - Review Conditional Use Permit for serving of soup ^ sandwiches (Previously A^roved 2/25/76) #92 - Super Value - 333 Shoreline Drive - Sii)division (Replat) and Rbzoning - Public Hearing to be held by Council on 2/19/76. #93 - I.D.S. Properties, Inc. - 3425 Shoreline Drive - Sub^vision - Replatting of Commercial and residential zoned areas south of County Road #15 and*West of Kelly Avenue. Pii>lic Hearing to be held by Qniicil on 2/19/76 #95 - Fred Lucas - 2055 Sixth Avenue North - Subdivision D. Completed Items 1. 2. 3. 4. 5. 6. #66 - Russell Wenkstem - 645 North Aim Drive - Concurred but adding condition of no grading or tree removal within 75 ft. of lakeshore #78 - James McCleary - 2259 Shadywood Road - Conditional Use - Concurred #82 - Stewart Perry - 2975 Casco Point Road - Variance - Concurred #83 - Doug Heinsch - 4025 Watertown Road - Variance - Concurred #87 - Minnetonka Boat Woiks - 1449 Shoreline Drive - Conditional Use - Conairred #89 - Wayzata Country Club - 200 Wayzata Boulevard - Conditional Use - Expansion - Concurred. .ti :1 m cm OF ORDNO, MINNESOTA REGULAR PLANNING OOM^SSION MEETING HELD FEBRUARJr 2, 1976 Hie Orono Planning Cornnissicn met on the above date with the following meniiers present: Chairman C. Paul Pesek. Menfcers Hannah, Guthrie, Hake, Dunlap and McDonald. Zoning Administra tor, Henry Muhidi and Building Inspector, Alan Olson. Chairman Pesek announced that this was the time and the place for a Public Hearing regarding the petition of Hildur P. Hol lander for sibdivision of her tract located at 345 Spring Hill Road. The Zoning Administrator read the Notice of Piiblic Hear ing and presented the Affadavit of Publication. It was explained that the four-plus acre parcel is proposed to be split into two parcels, each of which would exceed the mininrin two acre aera and 200 ft. lot width requirements. Mr. Midiich called attention to the need for arranging access to the easterly parcel. This must be either from a private road or by written peimission from Hennepin County for direct access from County Road No. 6. (haiiman Pesek asked for any comnents from the public but there were none forthcoming. After all the public was afforded an opportiaiity to be heard, the Hearing was closed. Chairman C. Paul Pesek called to order the Regular Planning Conmission Meeting of February 2, 1976, at 7:40 P.M. GA brief discussion involved the correction of one item in the Minutes of the last meeting. In the 21st line of the first paragraph on Page 3, the phrase 'The Council asked the public.." was amended to read "The Chairman asked the public...." Hannah moved, (lUthrie seconded, that the Minutes of the Regular Plan ning Conmission Meeting held January 19, 1976, be approved as amended. Motion, Ayes (6) - Nays (0). Dunlap moved, Hannah seconded, that the Planning Commission recomnend to the Council approval of the P^liminary Subdivision proposal of Hildur P. Hollander as presented. Motion, Ayes (5) - Nays (0) - Abstain (1) Guthrie. Mr. Allenburg presented a revised grading plan as requested by the Qmmission at the last meeting. A discussion followed con cerning the extent of cutting and filling required by this plan as opposed to more excavation required by earlier plans. Also presented and discussed was a rip rap proposal for the shoreline. It was noted here that the Department of Natural Resources, the Lake Minnetonka Qxiservation Department and the Army Corp of Engineers must also give their approval before any rip-rapping cc'jld be allowed. Hake moved, Ckithrie seconded, that the Plan- rj^iing Commission recomnend to the Council the approval of a var- ^*^iance and Qmditional Use Permit for tree removal, grading and rip-rapping subject to notification by Mr. Allenburg to the Zoning Administrator of rip rapping approval by the agencies noted above and subject to on-site inspection by the Zoning Administrator before and during rip-rapping installation. Motion, Ayes (6) - Nays (0). ATTENDANCE - 7:33 P.M. ORONO CITY HALL PUBLIC HEARING HILDUR P. H0LLANI£R 345 SPRING HILL ROAD SUBDIVISION CALL TO ORDER - 7:40 P.M. APPROVAL OF MINinES MEETING OF 1/19/76 HILDUR P. HOLLANDER 345 SPRING HILL ROAD SUBDIVISION JOHN ALLENBURG 865 PAKTENIVOOD ROAD VARIANCE, CONDITIONAL USE PERMIT 8 RIP RAP V . I I i I 11 » ; I > i 3 F.M. DER ROAD 7:40 P.M. TES 76 DER RDAD DAD TONAL RAP MINUTES OF A PLANNING G0^f1ISSI(W MEETING HELD FEBRUARY 2, 1976 - PAGE 2 After further study of the Allehburg proposal, McDonald called attention to the proposal showing two foot hi^ banks along the shoreline. Mr. Ml^urg stated that the drawing gives this impression, but that in fact, most of these banks already exist due to the washing away of lower level ground and that the rip- rapping was intended to forestall further erosion. JOHN ALLENBURG, cont. Mr. Dykstra was not in attendance. Discussion ensued as to the PHILLIP DYKSTRA nature of the situation. By all criteria, the proposed subdivi-’. > 3080 NORTH SHOI^ DRIVE Sion is deemed legal, but because of the neighbor's objections, SUBDIVISION the Commission was reluctant to reconmend approval. Chaiiman Pesek read to the Conmission the following letter from Mr. Itykstra: (Dated January 29, 1976) Last week Mr. Van Nest called to say he and Mr. Muhich had talked to Mr. Malkerson about the possi bility of the town of Orono acquiring a conservation easement on the one acre parcel resulting from my subdivision. I have discussed this idea with a mnber of people and all have advised me to continue with my request for a simple subdivision. On Monday, January 26, 1 stated publicly to the town council meni)ers my desire to pursue my request for the subdivision. I would appreciate the planning conmission processing my re quest with the knowledge of current position. (E^ of letter) Conmissian again e^ressed hope that the Coixicil could find some means to satisfy all parties, including Mr. Dykstra and his nei^ors. Hake moved, Guthrie seconded, that the Planning Ommission reluctantly recomoerid to the Council pre liminary approval of the subdivision as proposed, making special note of the neighbor's unanamous objections, ^totion, Ayer (6) - Nays (0). An extended discussion developed regarding the pix^sal to erect a residence on this property. The Conmission at it's last meeting had asked Mr. Johnson to stake the comers of his pro perty so members could better sense it's size and shape. This has been done. The Zoning Administrator stated that he had Mr. Johnson prepare a survey showing the location of the proposed building on the lot and that Mr. Johnson obtain a statement from his imnediate neighbor to the south. The survey was presented to the Conmission but the proposed improvements were not lo cated thereon. Mr. Johnson stated that he had been unable to secure a statement of approval from the neighbor. The appli cant was made aware that should approval be granted, a sewer unit charge would be levied on the property. Dunlap moved, Hannah seconded, that the variance application be tabled until a survey showing the proposed improvonents and a statement of e neighbor's approval or disapproval are obtained. Motion, yes (6) - Nays (0). VINCENT JOHNSON 1376 PARK DRIVE VARIANCE * MINUreS OF A PLANNING COMMISSION MEETING HELD FEBRUARY 2, 1976 - PAGE 3. The Zoning Administrator stated that the Building Inspector had been sent to the premises on Saturday, January 24, 1976, but that no t^s had been issued because the hills in Phase II were not then in use. A second visit was expected to be made on January 31 or Fd)iuary 1, but prior to that weekend a complete application was received for a Conditional Use Permit for Phase II of the operation. After brief discussion of the history of this matter, Hannah moved. Hake seconded, that the Planning Commission recomnend to the Council approval of an eoqpand^ Conditional Use Permit to include Phase II in the operation of the ski area, subject to inspection for con|>liance with the health and safety regulations of Orono Municipal Code Section 69A. Motion, Ayes (6) - Nays (0). Mr. MscQiarles came before the Conmission to learn their posi tion on possible uses of his building. Discussion included the history of the recent rezoning a^ the fact that many public Hearings were held before the Zoning Code was adopted. The feeling of the Gcnmission was to encourage Mr. MacCharles to utilize his building for those uses permitted by the Code. Use for other purposes, such as a proposed recreation hall, are not currently permitted and would require rezoning of the area. The Cannission stressed that it would not approve of spot rezoning and would be reluctant to approve of any hi^> ^^traffic generating use. The Zoning Administrator presented a request for renewal of vr.riances previously granted over one yrar ago, idiich sid>se* quently expired before construction commenced. Dunlap moved, (kithrie seconded, that the Planning Commission recomnend to the Council renewal of the identical variances granted last year, specifically lot area reduced from two acres to 3/4 acre and lot width reduced from 200 ft. to 145 ft. Motion, Ayes (6) - Nays (0). Mr. Muhich introd^ed this item for information of the GommiS' sion and gave notice of a Public Hearing scheduled for Feb ruary 19, 1976. Discussion followed concerning the need for variances and rezoning caused by restrictions on building lo cation due to utility locations and well developed site plan ning. Mention was made of Super Value intending to work wi^ other property wners in the area in the development of a comnon theme or image leading toward continuity and cohesive ness to the community. aThe Zoning Administrator introduced this item for information f the Conmission and gave notice of a Public Hearing scheduled or F^ruary 19, 1976. Discussion followed concerning tlie pur pose of the subdivision and the proposed relocation of various business uses in the area. SKI TONKA 4680 BAYSIEE ROAD OQNDITK^ USE PERMIT ROD MacCiARUES 3502 Sli:>«EI.INE DRIVE SPECIAL REQUEST FOR NONCONFORMING USE ;T LaQUEY 190 CYOIET PLACE VARIANCE SUPER VALUE STORES 3333 SHORELINE DRIVE SUBDIVISION 8 REZONING I.D.S. PROPERTIES, INC. 3425 SHORELINE DRIVE SUBDIVISION 1i 1! !■; ! i '4 i ■4 i! f *# 4 i.i 44 ‘ j j atil MHWIES OF A FLAWING OCMflSSION IfflTING HELD ffiBRUAPY 2. 1976 - PAGE 4 CoBinittee ChaiiMonan IXnl^, Menber Hannah and Zoning Adninis- tor Muhich agreed to meet on Monday, Bebniary 9, 1976, at 3:30 P.M. and tentatively to sdiedule flirther meetings also at 3:30 P.M. on future Mondays. WRINA LICENSE OCMaiTBE iS LIVE ONING Planning Conrnission Menber John Guthrie was unanimously appointed to this Comnittee to serve with Menber Van Nest and M^r Searles The Zoning Administrator introduced a memo from the City Adnini strator calling attention to the Piblic Hearing scheduled for February 3 and 4, 1976. He adced for potential uses to be xe- conmended at tiie hearing for uses of this program. APFOINMNr - OROND • LONG LAKE INIERCEPTOR REVIEW OBMITTEE GGMMJNmr TEmnmm BLOCK GRANT PROGRAM IVE OR Mr. Muhich discussed the situation arising from the pending license renewal (due 2/25/76) f6r serving of soup, sandwiches, and non-alcoholic beveraMs as allowed by a Conditional Use Permit originally granted on FAruary 25, 1975. Discussion included the options available such as renewal, renewal with conditions attached or denial of renewal due to alleged non conformity with conditions and stipulations of the original permit. Staff was directed to obtain evidence of mis-use of the existing permit. ^ - The OoBmission was polled and established a Public Hearing to be scheduled for 7:30 P.M., March 1, 1976, at the Cowcil Chaabers. IXailap seconded at 9:55 P.M. Motion, Ayes (6) - Nays (0). STUBBS BAT WRINA CAFE 3445 BYASIIE ROAD REVIEW OQNDITIGNAL USE FRED LUCAS 2055 SIXTH AVENUE NORTH SUBDIVISION ADJOURfMENT INC. LIVE