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Home My WebLink About02-17-1976 Planning Minutesm ‘'f 4 e AGENDA PLANNING COMISSION MEETING OF FEBRUARY 17, 1976 ORDNO CITY HALL - 7:30 P.M. I. CURRENT ITEMS A. Action Items 1. 2. 3. 4. 5. 6. 7. 8. #85 - Pi±>lic Hearing - 7:30 P.M. • Quentin Johnson, etal. - 3535 Ivy Place - Subdivision (Preliminary) and Alley Vacation #90 - Public Hearing - 7:45 P.M. - Dale McCurdy - 4041 North Shore Drive - Subdivision (Preliminary) #88 - Public Hearing - 8:00 P.M. - Anna T, Hoi ter (Van Dale, Inc) 2705 Wayzata Boulevard - Subdivision (Preliminary) Call to Order - Regular Planning Commission Meeting Approval of Minutes - Meeting of February 2, 1976 #81 - Vincent Johnson - 1376 Park Drive - Variance - Lot Area and Width #94 - Sti^bs Bay Marina Cafe - 3445 Bayside Road - Conditional Use Peimit Renewal for Serving Soup and Sandwiches #58 - A1 IVhitman - 1540 Sixth Avenue North - Subdivision - Final Plat (Hardshell) B. Work Session Items 1. #95 - A1 T. Esco - 300 Crestview Avenue - Vacation of platted Hill Street (Requires Public Hearing) C. Incomplete Items - Status 1. #95 - Fred Lucas - 2055 Sixth Avenue North - Subdivision - Public Hearing scheduled for March 1, 1976 II. COMPLETED ITEMS FOR COUNCIL A. Open Items 1. 2. 3. 4. 5. #92 - Super Value Stores - 3333 Shoreline Drive - Subdivision § Rezoning.§ Variances - (Public Hearing set for 2/19/76) #93 - I.D.S. Properties, Inc. - 3425 Shoreline Drive - Subdivisicxi (Public Hearing set for 2/19/76) Multiple Dwelling Ordinance - (Ordinance Amendment) Park Dedication Fee (Ordinance Amendment) #86 - Ski Tonka (Deferred) B. Completed Items m . 1 1. . #84 - Hildur Hollander - 345 Spring Hill Road - Subdivision - Concurred 2. #28 - Roger Patch - 1330 Sixth Avenue North - Final Plat Approval - Concurred 3. #73 - Phillip Dykstra - 3080 North Shore Drive - Subdivision - Concurred 4. #74 - John Allenburg - 865 Partenwood Road ** Variance, Conditional Use Permit and Rip Rap - Concurred 5. Rod MacQiarles - 3502 Shoreline Drive - Special request for Non-Con forming Use - Concurred 6. #91 - Kermit LaQuey - 190 Cygnet Place - Variance Renewal - Concurred. m cmr OF ORDNO, MINNESOTA REGULAR PLANi>IING OMUSSICN fEETING HELD FEBRUARY 17, 1976 The Otmo Planning Conmission met on the above date with the follo^g members present: Chaiiman C. Paul Pesek. Menfcers Guthrie, Woolley, Dunlap and McDonald. Chaiiman Pesek announced that this was tlie time and the place for a Public Hearing to subdivide Lot 75 of Spring Park Addition and vacate the alley adjacent to Lots 72, 73, 74, 75 and 76. Ihe Zoning Administrator read the Notice of Public Hearing and presented the Affadavit of Publication. The request came about at the desire of Allen Doubldee, \dio recently purchased Lots 73 and 74 from Quentin Johnson, the present owner of Lots 72, 75, 76 and part of 77. ^!r. Doubldee, a builder, recently applied for Building Permits on his two substandard lots aiid, rather than apply fbr a variance, made an agreement with ,Mr. Johnson to purchase part of Lot 75, which is al^ substandard, the O owners would confbine the divided lot and the propdsed alley va cation to increase their lot size to conform to the present zoning code. The Chaiiman noted that the City Attorney had ad vised that the City could only vacate an alley if it were in the public interest to do so. Mr. Frank Buysse, representing him self and three neighbor who were William R. Berg, George Jenos and M. D. Barrett, expressed their objection to any type of variance to add building sites in the area. In addition, he ^resented the following two letters: (Dated February 14, 1976) I the undersigned George Jenos owner of the property at 3030 Casco Point Road am opposed to any va riance of building zone requirements and to <^>^ing the road off Ivy Place for ecological reasons. Frank Buysse has my proxy on these and other matters that may be brought before the Orono Council concerning property adjoining Iv^ Place or with in legal influence of same. Signed: George Jenos. (Dated February 12, 1976) I the undersigned, William R. Berg, owner of the property at 3516 Iv> Place, Casco Point, Lake Minnetonka, ^tinnesota, am opposed to any variance of Building zone requirements and to opening up the road off Ivy Place for ecological reasons. Frank Buysee of 3534 Ivy Place has my proxy on these and other matters that may be brou^t before the Orono Council concerning property adjoining Ivy Place or within legal influence of same. Signed: William R. Berg. The other neighbors attending the Public Hearing, namely Robert Bartikoski, Arthur Jewett, James Lovestrand, John Honour and Michael Hirsch, were opposed to the petition if it would add more homes to the area and because the narrow road would generate additional traffic problems. No one voiced objection to the vacation of the alley except if it would create a ne- ^'^^ssity to open Maple Lane in the future. ^Ir. Doubldee ex- ^^lained that two houses on the three lots would be more de sirable than the possibility of three houses. The Zeming Ad ministrator expressed his view that he would encourage pro posals that generate larger lot sizes, noting that what was originally 5 1/2 lots would now be three lots. The Chaiiman closed the hearing after all the public were afforded an op portunity to be heard. ATTENDANCE - 7:30 P.M. PUBLIC HEARING QUENTIN JOHNSON, ETAL ALIEY VACATION § SUBDIVISICN 4 ^^INUTES OF A PLANNING OO^MISSION MEETING HELD FEBRUATOf 17, 1976 - PAGE 2. KJl Y Chaimm Pesek amounced that this was the time and place for ^ Public Hearing on the sii>divi^^ion application of Dale McCurdy. e Zoning Administrator read the Notice of Public Hearing and presented the Affadavit of Publication. Mr. McCurdy explained that he was the present owner of Lots 7 and 8, Highwood Addition, and that he would like to enlarge his existing tract, for the purpose of putting an addition onto his home, by purchasing 11 ft. of the adjoining Lot 9 from Bill Sime, homestead owner of Lots 9 and 10. Althou^ both lots would still be less than 1/2 acre, each parcel was already occupied by a home and would pro vide ^!r. McCurdy the necessary side yard setback* Mr. Simes felt that the proposal was beneficiid in , that fout lots would become only two building sites. After all the public present v;ore given an opportunity to be heard the hearing was clbsed. Qiaiiman Pesek announced that this was the time and place for for a Pi61ic Hearing on the sid^division application of Anna T. Holter. Ihe Zoning Adninistrator read the Notice of I^lic and presented tlie Affadavit of Publication. The entire parcel under consideration for subdivision is presently being purdiased under Contract for Deed by Van Dale, Inc. In order to obtain a mort gage, for the purpose of building an addition onto ^ existing Van Dale Structure, the two patties agreed to transfer title on a portion of the existing tract until such time that the remain der is paid. No objections i^ere voiced concerning the proposal. After all the public were given an opportunity to be heard the •hearing was closed. Qiaiiman C. Paul Pesek called to order the regular Planning Commission Meeting of Febiuaiy 17, 1976. Guthrie moved, Woolley seconded, that the Minutes of the Regular Planning Commission Meeting held Febiuary 2, 1976, be approved. Motion, Ayes (5) - Nays (0). Guthrie moved, Dunlap seconded, that the Planning Conmission reconmend to the Council that the Preliminary Plat of Anna T. Holter for 2705 Wayzata Boulevard be approved as submitted. Motion, Ayes (5) - Nays (0). Dunlap moved, Guthrie seconded, that the Planning Commission recommend to the Council approval of the preliminary lot re arrangement and conhination as submitted in the Dale McCurdy application. Motion, Ayes (5) - Nays (0). OThe Commission proceeded to discuss the subdivision proposal L' Quentin Johnson. Pesek felt that reconmendation should be made that the alley be sold. The neighbors again spoke up to present their view that they were against tMO houses chi small frontage and density of traffic on the long, narrow road leading to the area. The applicant's felt that the lots would PUBLIC HEARING - 7:55 M DAID McCURDT 4041 NORIH SHORE DRIVE SUBDIVISION PUBLIC HEARING - 8:05 PM ANNA T. HOLTER 2703 WAYZATA BOULEVARD SUBDIVISION CALL TO ORDER - 8:12 PM APPROVAL OF MINIHES MEETING OF 2/2/76 ANNA T. HOLTER 2705 WAYZATA BOULEVARD SUBDIVISION DALE McCURDY 4041 NORTH SiORE DRIVE SUBDIVISION QUENTIN JOHNSON, ETAL 3535 IVY PLACE SUBDIVISION 6 ALLEY VACATION •JlWt •iiin •i4rt •jMilT? •Jiiiit •••yttjT •■•TiT^rri •jiririTi nn imww • •UTc^t •litrt •Jif.-irt Am-jfM.iija. Oo •: •liC^ § irfriTfi •US tlibrti til tViiTt • iiTir^ •Jilt •i*yra [•JI«TiTfi •1«T rir»Xi7f • tlal*j ^lilt ;iirt •jiin • ■lit •jir« •itt ^:UU [•[taimi •nil €Virt^ .•jMniFTr • IK Lij^iitiTrr AL»»ITi»TrS lOttj# iJttJt lliF •JM [•JCiWrriTi t •:§ :rifciiT..SIlMiT*? •itiO [•AiTr tvrt .•jm: r# itiilt ^AVaiTiTf •inni LETTER, planning COWISSION meeting held FEBFUAIV 17, 1976,. Page 5. The history v^iich leads up to now is as follows. May 30, 1974. Lot purchased from DiCon. Con®wnicated with Dexter Marson, City Planner, abo^ my propos^ to remove part of the bank. He wasn’t SffGCtIGcl HIV hty^haco I K h^ tgirfirE|KS£<“i r L junsdicticm over my proposal. It took Mr. Marson ^i. e to be convinced, ^t after several weeks he agreed with was about this time that Mr. Marson left the City of Was told to deal with Mike Scheller, Orcno wi^g Inspector. He also was not sure idiich ordinances con- and told me to talk to Mr. Malkerson, one o^e City’s attorneys. Mr. Scheller has also left the City of Talked to Mr. Malkerson about my application ^ine said to mail him the survey so that he could Sderstand what I was asking for. The survey was mailed that day. /*■% August Wsaia tlw™ «ppx4.»-«»uxwi xejLi under ordinance #167-31.700. He a new proposed code being prepared and that It would be effective in 6 to 8 months. fiissi^^ Proposal I. rejected by the Planning Com- September 25y 1974. Sent letter to Mr. Malkerson asking for •All ot thb lules idiich govern this 75’ area”. ^ Malkerson. Label-ra^sT^iBTt^ A was an ordinance dated June 28, 1974, 31,700 md 31.705. 31.710 was not included. 31.710 said, among other things, the requirement of Section 31.700 are not intended to customary grading in the area of....newly COTst^ted building.....-—any unusual earth filling or removi of gr^g shai be referred by the Building Inspector to the Plamirg Commission...” I believe since thi gradLig was shoL on the building^imit and was also evident from the design of the house that this section of the ordinance would have eSnpted TO from having to apply for a variance. It was the Building "unusual” work to^ePlanning Cornnissicn. Apparently, he did not think that the work was unusu^ since he did not refer it to them. The newly pro posed ordinance was also enclosed as Exhibit ”B”. ^tober 16, 1974. Proposal II. Cormission and rej ected.submitted to the Planning to Mr. Malierson‘e:^aSSrS^ r^^'^iAy'^rpr^sals^shSSd SAUBL MARFIELD LETIER, cent. •Jirr :itW: ^:iri TjT«»rr ^liriW;Tr o%«r# • iWt •irti •»;Tirfi lOMl* •JAt. •Mi ifSt ■lli •;mt l«TiTi •:«rtf¥Trr OoFi" uTf .tJliir a; •iti L* tlw; ■ M FTiW^ • lliT«:s;^ • iii(t *j I -1 • •JiUIt •jttjt Hll*j • U«kliT:l • rofciT* •DBO •Jcli ^:iir« •I %•]!.• .• I|i»>■» t tin AIISII WiTi •) tt trtmiTt iirfVf 01 tVJ Ci « V:iir« MINUTES OF A PLANNING OOW1ISSION MEETING HELD FEBRUARY 17, 1976 - PAffi 8. this is the information provided by them shotdng what they are going to do to rectify the illegal grading and tree removal that took place last spring. In looking over the infoxmation provided I have the following comnents: 1. On Page 3 of his Febniaiy lb letter I think he has omited one rather in|x>rtant date i^ch mlist have been sometime ber Foen Novenher 1, 1974 and July i8, 1975. This would be the date at Which tine the grading and tree removal actually took place which was done by Mr. Marfield without a permit from the Village* 2. It would be my recomnendation to the Village Gotiicll that pursuant to any agreement with Mr. Marfield that he must agree to have this woxk done uider the direct supervision of both yourself (Mr. Mtiiich) and our Village Engineer. I would feel that it wi^d be teascnablb that we be notified prior to the woik beink oonb at least 2 da)!^ arid that we be allowed aixess after the woik has been ^_ _ _ _ _ _ _ the condition o^ the property is before aHd after the wOtic has been done in drier to assure the Village that the problem caused by Mr. Marfield has been adequately rectified. to the property both befpre, durina and af accomplished so that we deteiittuie vilat proberty is before ana after the wOtx has I 3. Pertaining to the drawing by Hickock and Associates, I find that the scale to which the drawing has been made is totally insufficient. Ihe plan view need only show the imnecliate area where the grading is to take place but it should be draivn to scale of not less than 1"«10' so that we can detexmine exactly what he plans to do. I also notice on Section BB that there is a notation made that that section at least is not even drawn to scale. Certainly any infoxmation that is provided on this drawing must be dram to scale if it is to have meaning to us at all. I do not believe that the drying need to show the con tour and plan view of the entire Dicon subdivision as does the drawing by Hickock dated Febxuary 3, 1976. It certainly would be sufficient only to show the area that is being chang^. Ihe one thing that ooncoxns me about this proposal is that Mr. Marfield is alleviating his illegal action by doing more of the very thing that we are trying to prevent with our Ordinance that is distuibing the land masses surrounding the shoreline of Lake Minnetonka. In other words we are allowing Mr. Marfield to clear himself of a grading violation by doing even more grading within the 75* protected area. I am not all sure that this ac tion is in the best interest of the Village. Signed: Brad Van Nest (End of Letter) Ihe Planning Connission concurred with the Van Nest letter and stated that they still held the opinion that Mr. Marfield should conply to the previously stipulated Village requirements. Guthrie moved, Woolley seconded, that the meeting be adjoumed at 9:50 P.M. Motion, Ayes (5) - Nays (0). SAMJEL MARFIELD VAN NEST LETTER, cont. i ADJDUR^»C^^' J,