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03-01-1976 Planning Minutes
iii # o AGENDA o PLANNING COMSSION MEETING OF MAROI 1, 1976 ORONO CITY HALL - 7:30 P.M. I. CURRENT ITEMS A. Action Items 1. 2. 3. 4. 5. 6. 7. 8. #95 - Public Hearing - Fred Lucas - 2055 Sixth Avenue North Subdivision Minutes - Regular ^feeting of February 17, 1976 #32 - Scott Property - 2060 Shoreline Drive - Final Plat #85 - Quentin Johnson, etal - 3535 Ivy Place - Subdivisiwi (Preliminary) and Alley Vacation #90 - Dale McCurdy - 4041 North Shore Drive - Final Plat #94 - Stubbs Bay ffarina Cafe - 3445 Bayside Road - Renewal of Conditional Use Permit #97 - A. T. Esco - 300 Crestview Avenue - Street Vacation (Set Public Hearing) #99 - Wayzata Yacht Club - Big Island - Renewal of two existing Conditional Use Permits B. Work Session Items 1. 2. 3. 4. 5. #96 - Kennetli W. Oien - 2980 Casco Point Road - Subdivision (Preliminary) #98 - David J. Kruskopf - 1200 Wildhurst Trail - Variance Lot Width and Area #100- Tom Giere - 350 North Arm Lane - Subdivision (Preliminary) #101- Daniel Lindsay/IDS Properties - 2505 Kelly Avenue - Rezoning MTC Busing - Navarre Area C. Incomplete Itnns (Status) * t II. COMPLETED ITEMS FOR COUNCIL • — A. Open Items 1. #86 - Ski Tonka - 4680 Bayside Road - Conditional Use Permit B. Conpleted Items 1. 2. 3. 4. 5. #92 #58 #81 #88 #90 1 4 Super Value Stores - 3333 Shoreline Drive - Approved rezoning A1 Whitman - 1540 Sixth Avenue North - Stiibdivision - Concurred Vincent Johnson - 1376 Park Drive - Variance - Concurred Anna T. Hoi ter - 2705 Wayzata Boulevard - Subdivision - Concurred Dale McCurdy - 4041 North Shore Drive - Preliminary Subdivision Concurred 6. #94 - Stubbs Bay Marina Cafe - 3445 Bayside Road - Concurred on one Month extension of existing Conditional Use Peimit r /^n7£A}£/i CITY OF ORONO, MINNESOTA REGULAR PLANNING CmUSSION ^€ETING HELD MARCH 1, 1976 Ototo Planning Comnission met on the above date with the llowing members present: Acting Chairman John P. Hake. Members Hannah, Woolley, McDonald and Van Nest. Zoning Ad ministrator, Henry Muhich. Acting Chaiimdn hTake annotnced that this was the time end the place for a Public Hearing regarding the petition of Fred Lucas for a preliminary subdivision of his property Ideated et 2055 Sixth Avenue North. The Zoning Administrator read the Notice of Public Hearing and presented the Affadavit ,of Publication. W. Lucas requested that his existing 4.4 aefe.tract be divided into two Ints, one consistimg of 129,000 sq. ft. and the other of 126,000 sq. ft. Both proposed parcels would exceed the ihin- imun lot area and width requirements. All the public were given opportunity to be heard and no negative connents were made: The Chaiiman closed the Hearing. Acting Chairman John P. Hake called to order the Regular Plan ning Comnission of March 1, 1976. Woolley moved, Hannah seconded, that the Minutes of the Regular Planning Comnission Meeting of February 17, 1976, be approved, tion. Ayes (5) - Nays (0).cy Van Nest moved, Woolley seconded, that the Planning Comnission recomnend to the Council approval of the preliminary subdivision application of Fred Lucas as submitted but subject to the Park Dedication Fee being paid. Motion, Ayes (5) - Nays (0). The Comnission proceeded to review the Final Plat for the Lewis Scott property and noted that there were no variations from the preliminary plat. Van Nest moved, Woolley seconded, that the Planning Comnission recomnend to the Council approval of the "Hartwood Subdivision" Final Plat subject to payment of the Park Dedication Fee. Motion, Ayes (5) - Nays (0). ATTENDANCE - 7:35 P.M. PUBLIC HEARING - 7:35 PM FRED LUCAS 2055 SIXTH AVENUE NOR3H CALL to OREER - 7:40 PM APPROVAL OF MINUTES ^CETING OF 2/17/76 FRED LUCAS 2055 SIXTH AVENUE NORm SUBDIVISION LEWIS SCOTT PROPERTY 2060 SHORELINE DRIVE FINAL PLAT The Qmmission made a review of the proceedings of the Public Hearing held at their last meeting, concerning the Quentin Johnson application for a subdivision and alley vacation. Noting that the proposed lots, if approved, would still leave the two tracts substandard. Van Nest expressed his feelings that the area of the two lots would suggest one building site rather than two building sites md felt the City’s Zoning Code, when two adjoining substandard lots ar§%3ld in single, separate ownership, was to ^i^oisider them as a single bldg site. As an exanple, a homestead Cjmer having a substandard lot adjoining his home tract could not sell it as a building site. Mr. Lantto reviewed the tax benefits of the proposal and felt that the proposal would be compatible to the present density of the neighboihood. The neig^ibors in atten dance disagreed with this statement. Hake stated that his con cern since the beginning was about vacating the alley, especially QUENTIN JOHNSON, ETAL 353; IVY PLACE ALLEY VACATION § SUBDIVISION ^- - - -j MINUTES OF A PLANNING 0»tHSSI0N I^ING HELD MARCH 1, 1976 - PA® 2. to enlarp someone »s lot for building purposes. He felt the precedent woula be haimful in future situations. Van Nest stated that a vacation must be in the public interest r- u ^ j , , Woolley still felt that changingfive substandard lots into three would be beneficial. The Com mss ion directed their concern to the remaining property owned by Mr. Johnson because presently two living units are situated there and as a part of the consideration ot the presei. \ --- ^ I--------- \JA, Uiro pflTCSCllt^ &PplX* ^tion It was the Gonmission^s duty to be sure that all lot lines would be in mitable ccnfoTmity. The Commission felt that under present conditions they would recommend denial of the ap plication becau^ the plan siismitted was not brdad enou^ in should include consideration of Lots 161, 162, 163, 172, 173, 174, 175, 176 and 177 and include a line ii- vide the rental unit from the Johnson house in a repldt. iC 162 could someday be sold as a building site and could lead to forcing the City to open Maple Lane. Hannah moved, Woolley seconded, that the request of Quentin Johnson, Allen Doihldee and Ken Lantto be tabled until ^ alternative proposal is presented. Motion, Ayes (5) - Nays Hannah moved, Woolley seconded, that the Planning Commission recommend to the Council that the Final Plat of the Registered Land Survey of Dale McCurd^r be approved as submitted but sub- ject to the Paric Dedication Fee being paid. Motion, Ayes (5) ^ Nays (0). ^b^^e, appeared to represent Jim McCleary conceniing the taditional Use Peimit renewal of the Stubbs Bay Marina Cafe. 1.V3 Coninissicn noted the absence of Bruno Burak, the 1975 pe titioner, but c^^uded that the peimit went witii the property and not the petitioiier. Because the Gomnission had heard rumors cmcerning the management of the Cafe, Police Chief Mel Kilbo Lm been asked to appear and report concerning any problems at u® Qiief stated that eleven complaints were made to the Police last year and were in the nature of sale of 3.2 beer to minors. Two of the complaints were heard in court and char ges would be dismissed after the lapse of proscribed time set th© courts. Chief Kilbo felt this was an excessive amount of complaints for this establishment and called attention to Resolution No. 617, issued in conjunction with their 1975 Li- quor License, m which tne owner stated he would construct a partition to divide the liquor serving area from the recrea- tional area O"^ the building or to quit allowing minors in the establishment. He noted Aat tliis had not been done. Chief Kilbo stated that the Police Department had no concern or com plaint concerning the soup and sandwich part of the operation. It was suggested that perhaps the Liquor License and Condi tional Use Pennit should run concurrently so that all matters ^^uld be considered as a vhole. Mr. Bothe agreed that the should be considered together iSu-fficulties * under a lease situation to Mr. Burak. Woolley moved, McDonald seconded, that the Planning Conmission rec^imend to the Council the ext^icn of the present Conditional Use Permit of the Stubbs Bay Marina until the expiration of the LS'quor License on QUENTIN JOHNSON, ETAL Cont. ‘1’ DAUB McCURDY 4041 NORTH SHORE DRIVE FINAL PLAT STUBBS BAY MARINA CAFE CONDITIONAL USE PERMIT 3445 BAYSIDE ROAD 1 i] : j i . 1 I MINUreS OF A PLANNING O0^♦!ISSIC»^ MEETING HELD MARCH 1, 1976 - PACE 3. on Jine 30, 1976, and that reneiiral of the Liquor License and Petadt to setvs sdi;^ and sahdkidies be consi&red together. Motion, Ayes (5) - Nays (0)* Van Nest moved, Hannah seconded, that the Planning Qminission recoBinend to the Council renewal of the Wi^zata Yacht Qub's two Conditional Use Petmits to operate a picnic and swimring area on the Stone and Kilbaine properties on Big Island for a one year period. Motion, Ayes (5) - Nays (0). Woolley moved, Hannah seconded, that a Public Hearing be sche* duled for 7:30 P.M. on Monday, April 5th, 1976, regarding the application of A. T. Esco for the Street Vacation of a portion of Hill Street. Motion, Ayes (5) - Nays (0). Van Nest moved, Woolley seconded, that a Public Heatxrg be sdieduled for 8:00 P.M. on Monday the 5th of April, 1976, in the Coincil Chanbers to consider the subdivision application of Thomas Giere for 350 North Ann Lane. Motion, Ayes (5) - Nays (0). Of Hannah moved, Woolley seconded, that a Public Hearing be scheduled for 8:15 P.M. on Monday the 3th of April, 1976, in the Coincil Chambers to consider the subdivision application Kenneth W. Oieh for 2980 Casco Point Road. Motion, Ayes (5) - Nays (0). Although not scheduled as part of the meeting, a new variance application by David J. Kniskc^f was reviewed. Consideration was given to a special problem occuring because of a non-con forming situation vdiere the neighboring property had a house encroa^ing the property line to such an extent that it does not even meet mininun State setback requirements. The pro blem oc^rred before the City required surveys to be submitted with Building Peimit applications. The Commission felt that botii properties would benefit by adjustments of the lot lines. Van Nest moved, Hannah seconded, that the Planning Conmission direct the Zoning Administrator tc contact Mr. Kruskopf and state that the Plaming Coamission would look favorably to a varian^ if by private negotiations he try to realign the lot line with his neighbor in order to alleviate the one foot side setback problem. Motion, Ayes (5) - Nays (0). The Zoning Administrator presented the rezoning application of Daniel T. Lindsay for 2505 Kelly Avenue. The Council at their last meeting directed the Planning Commission to hold a Public Hearing in the Coincil Qianbers at 7:45 P.M. on Monday the 5th April, 1976. STUBBS BAY MA*HNA CAFE Cont. WAYZATA YAOTT CLUB BIG ISLAND TWO CONDITIONAL USE PEPMITS A. T. ESCO 300 CRESTVIEW AVENUE STROT VACATION THOMAS GIERE 350 NORTH ARM LANE SUBDIVISION KENNETH OIEN 2980 CASCO POINT ROAD SUBDIVISION DAVID J. KRUSKOPF 1200 WIUHJRSt TRAIL VARIiVKE - LOT AREA a WIDTH DANIEL T. LINDSAY 2505 KELLY AVENUE REZQNING MftetES OF A PUUme OMttSStflN fiCTlNG letD MARffl 1, li»76 - PAffi 4, r considered the problem of a suitable new location ^^for the MTC bus stop in the Navarre area instead of the site ^pwnere the new Super Value Store is to be constructed. After co^ideration, the Gonmission agreed that the ?imicipal Parking . Lot would be tte best choice idiere^ possible, a nice bus stop TOlter could be built for the convenience of those waiting for bus service. It would mean that the bus would have to re route sligjitly but if the City would continue to maintain the area by idowing it, the MIC may find it a beneficr:! feature and approve the proposal. The Zoning Administrator was directed to convey the Comnission's view point to the Council. '«L' .-i -s V ' S? mm, mmMm f m !4 ' i- , > o V MIC BUSING NAVARRE AREA " Anjw.aw®fr mm- mm mmmfm