HomeMy WebLinkAbout04-05-1976 Planning Minuteso
AGENDA
PLANNING OO^WISSION MEETING OF APRIL 5, 1976
ORONO CITY HALL - 7:30 P.M.
I. CURRENT ITEMS
9
A. Action Items
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
#97 - Pii)lic Hearing - 7:30 P.M. - A. T. Esco - 300 Crestview Avenue
Vacation of Hill Street
#101 - Public Hearing - 7:45 P.M. - Daniel Lindsay - 2505 Kelly Avenue
Rezoning . .#100 - Public Hearing - 8:00 P.M. - Tom Giere - 350 North Aim Lane
Subdivision (Preliminary) ^ ^ « j
#96 - Public Hearing - 8:15 P.M. - Kenneth Oien - 2080 Casco Point Road
Subdivision (Preliminary)
Minutes of the Regular Meeting of March 15, 1976
#102 - Ronald Ross - 1960 Lakeview Terrace - Conditional Use Peimit -
Accessory Building on Thru Lot ... j
#105 - Richard Rowlette - 3775 Bayside Road - Variance - Lakeshore and
Street Setback ....... ... , ni ..#73 - Phillip Dykstra - 3080 North Shore Drive - Subdivision - Final Plat
Multi-Dwelling Ordinance - Review Draft from Wehiman, ^apman 6 Associates
#55 - Final Plat - Ulmer Construction Co. - 70 8 190 Willow Drive North
3. Work Session Items
1.
2.
3.
4.
5.
6.
7.
#103 - John Lanbin (Burger King Drive-In) - 3340 Shoreline Drive -
Conditional Use Permit and Variance _
#104 - Daniel Lindsay (Kelly Avenue Holding Co) - 2505 Kelly Avenue
Subdivision (Preliminary) and PRD , «
#106 - Kenneth Oien - 2980 Casco Point Road - Conditional Use Permit -
FxlX 8ncl irx^dc#107 - Alan Sweetser - 845 Old Long Lake Road - Sibdivision (Preliminary)
Schedule Public Hearing .
#108 - Everett S. Goodfellow - 3510 North Shore Drive - Variance
#109 - 315 East Grant Co^. - 3340 Shoreline Drive - Subdivision
Schedule Public Hearing „ .
#110 - Oliver S. McCurdy - 1045 North Arm Drive - Variance
• •• •#
II. COMPITTED ITEMS FOR COUNCIL
A. Open Items
1. #86 - Ski Tonka, Inc. - 4680 Bayside Road - Second Phase
Use Peimit - Awaiting report from qualified inspector
- Conditional
B. Completed Items
#98 - David Kruskopf - 1200 Wildhurst Trail - Variance and Lot Line
Rearrangement - Concurred ..... .... \#85 - Quentin Johnson, Etal - 3535 Ivy Place - Subdivision (Preliminary)
and Alley Vacation - Concurred
MTC Busing Review - Navarre Area - Concurred.
1
fUA
CITY OF ORONO, ^^INNESOTA
REOJLAR PIANNING OO^MISSICN ?«ETING HELD APRIL 5, 1976
#
The 2^0 Planning Conmissicn met on the above date with
the following members present: Chaiiman C. Paul Pesek. Mem-
ww Brad Van Nest, Gr^g Hannah, Diane Dmlap, Gloria McDonald,
Jam P. Hake and Zoning Administrator, Hank HMch.
ATTENDANCE - 7:33 P.M.
O
Chairman Pesek aimomced that this was the time and place
for a Public Hearing on the petition of A. T. Esco for the
vacation of Hill Street. The Notice of Public Hearing and
Affadavit of Publication were presented. The Zoning Adnini*
strator explained that the Comcii had previously denied the
same petition due to Hill Street being the only access to
vacant property to the East of the Esco property and if va
cated it would result in land locking tiiose properties.
Jerry Snyder, attorney representing tiie applicant, requested
the Gonmission to review the survey showing that the garage
and a portion of the existing house, including the well, pro
trudes into Hill Street. The attorney stated that the only
way the Esco's could obtain marketable title for their pro
perty by vacation of that portion of the street idiere the
liouse is located. It was noted that Lots 7 and 18, the East
erly properties, had not yet been developed and so access
problems still existed for these tracts. Van Nest noted that
tremendous ravines existed on these lands making it impract
ical to build an access except thru Hill Street. Mr. Snyder
explained that the Esco's had retreated in their request for
a complete vacation but were only asking for 3.8 ft. so that
the house will be completely on Esco owned property. He ex
plained that this was an existing situatim when tl.e Esco's
purdiased the property and they were presently in a law suit
with the fbimer owner concerning the issue. After all the
public present were afforded opportunity to be heard, the
hearing was closed.
Oiaiiman Pesek called to order the Public Hearing on the re
zoning application of the Kelly Avenue Holding Company. The
Zoning Administrator presented the Notice of Public Hearing,
Affadavit of Publication and proceeded to explain that the
purpose of ^e application was to rezone to residential a 20
ft. comnercially zoned strip idiich is presently located in a
parcel residentially zoned. Daniel T. Lindsay, re^jresenting
the Kelly Avenue Holding Company, explained that they wished
downgrading of the ccnnercial area to residential as part of
a Planned Residential Development and felt that this could be
an important factor in the upcoming subdivision. The Zoning
Administrator expressed his feelings that this would be bene-
fical d« to the topography of the land, consisting of hills
and ravines, requiring filling and grading in order to be
utilized for commercial purposes. Commercial use would re-
.-i^sult in additional hardcover and the problems of stoim water
V,„.Minoff and pollution of the lake and ground water. He noted
that the rezming would create a more natural line between
zoning districts. The Commission inquired concerning wetlands
and ¥»re told that there were some, but less than was orgin-
ally thought. The petitioner stated that more factual data
would be forthcoming. After all the public were heard, the
hearii.g was closed.
PUBLIC HEARING - 7:33 P.M.
A. T. BSOO
VACATION OF HILL STREET
PUBLIC HEARING - 7:45 P.M.
KELLY AVENUE HOLDING 00.
2505 KEUY AVENUE
REZONING
i/m ■ i-fc-i
I
minutes of a planning OtJfllSSION ^EE^ING HELD APRIL 5, 1976 - PACE 2.
Chaiiman Pesek called to oxder the Regular Meeting of the
Orono Planning Gomnission.
H^e moived, Hannah seconded, that the Minutes of the Plan
ning Qximission Meeting held March IS, 1976, be approved.
Motion, Ayes (6) - Nays (0).
The Gdimission proceeded to discuss the A. T. Esco street
vacation request. McDonald felt that no road vfould ever be
constructed but saw a possible future need for it's existence.
Pesek felt that 3.8 ft. vxnild not be haxmfbl and the balance
could still service the lands to the east. The Zoning Admini
strator disagreed stating that the City would need the full
road for future utilities and maintenance. Van Nest noted
that in order to vacate land a public interest must be served.
The mernbers, in tum, felt that the Esco's were public and the
situation created a hardship to them. It was agreed that the
City Attoxney and Street Department be consulted as to vdiat
constitutes pii>lic interest and what maintenance problems
might result from the vacation. Hanndii moved, Du^ap seconded
that the A. T. Esco application for vacation of Hill Street
be tabled uitil the Coomission had receipt of reconmendations
from the City Attorney and Street Department. Motion, Ayes
(6) - Nays (0).
OChaiiman Pesdc announced that this was the time and place for
a Pthlic Hearing on the subdivision request of Thomas Giere
for 350 North ^rm Lane. The Notice of Public Hearing and Af-
fadavit of Publication were presented. Mr. Giere explain^
that he would like to subdivide a parcel consisting of 9.6
acres into two lots, one of 5.4 acres having .4 acre of wet
lands and the other 4.1 acres and that both were located on a
man made channel in a two acre zoned district. He noted that
the two lots would be about 176 ft. wide and so would need a
variance of 24 ft. from the required 200 ft. After all the
public were heard, the hearing was closed.
Chaiiman reopened the Re^ar Meeting. Dunlap moved, Hannah
seconded, that the Planning Conmission recomnend to the Council
approval of the Thomas Giere subdivision and variance request
as submitted. Motion, Ayes (6) - Nays (0).
OS
^fr and Mrs. Everett J. Schroeder of 2565 Kelly Avenue arrived
too late for the Public Hearing on the Kelly Avenue Holding
C^any rezoning proposal. The Gomnission noted the possi
bility of Mr. Lindsay's return when the Gomnission planned to
review his PRD proposal later in the evening. They agreed
ith Mr. Schroder to discuss together the two prop^als of
zoning and subdivision later in the evening.
CALL TO OmR - 7:55 P.M.
REGULAR ^€ETING
APPROVAL OF MINUTES
fCETING OF 3/15/76
A. T. ESCO
300 CRBSTVIEW AVENUE
VACATION OF HILL STREET
PUBLIC HEARING - 8:04 P.M.
THOMAS GIERB
350 NORIH AFM LANE
SUBDIVISION
THOMAS GIERE
350 N(»1H AFM LANE
SUBDIVISION
KELLY AVENUE HOLDING GO.
2505 KELLY AVENUE
RBZGNING
L
MMnES OF A PLMMING OOM4ISSION MSTING HEU) APUtL 5, 197» • PAQB 3.
U. -
Chaiinan Pesek aimoutod that it was tins fbr the V\Jblic FUBUC HEARING - 8:15 P.M.
Hearing on the subdivision iq^lilication of fCemeth W« Oien XENNBIH W. OIEN
Afor his ptbperty at 2980 CasM Point Road and the Zoning Adsdn- 2980 CASCO POINT ROAD
istrator presented the Notice of Public Hearing and Affadavit SUBDIVISIGN
of publication. Mr. Oien explained that he would like to di
vide his 51,000 sq. ft« tract into tMo lots both exceeding 1/2
acre and the 100 ft. 16t width requiitnent. The Zoning Aoidn-
ttion to a Ban he had drafted after recei^istrator called attention to a mp he had drafted after receiving
survey infoination j^roM the neighMring property owner, Hanilton
Moran. It ^lowAd that the present existing CasM Point Road,
i^ch did not fbllcM the line of the platted road, and ri^t-
of-way would run throuab the Oien property, thus reducing the
available area necessarty to meet the Zoning Code. The Zoning
Administrator stated that State statutes provide for the ri^t
of wnicipalities to atpiire 33 ft of property on both sides of
any rood used and naintained for nore than six years. Mr. Oien
isting house ri^t in the Idddle of the road,
public were heard, the hearing was closed.
:er all the
The Chairman
Hake seconded,
the ir meeting. Van Nest moved.e regula:
...... the subnvision application of Kenneth
N. Oien be tabled until the next meeting in order that a sur
vey showing the existing roadway and right *of-wiQr in relation
the Oien property be presented and to include an accurate
putation of the dxy buildable area excluding the roadway
and right-of-wi^. MoiUon, fyes (6) - Nays (0).
The Gomiiission reviewed the application of Ronald Ross to
place an accessory building on a thni lot located at 1960
Lakeview Terrace. As the Gomaission began to recoanend ap
proval with a condition requiring Mr. Ross to conbine his
adjoining lot
objected and requested that his adjoining property not be
consideration in the petition. The GGanission Tx>inted out
a
_^_ _ _ _^ _ _ _ _ _ _ __ located in a two acre zone
and his existing hoamsite consisted on one acre. Coabina-
tion with the adjoining lot would bring his property up to
present zoning requirements. The Zoning Adninistrator ad
vised Mr. Ross that a Building Permit could not be issued
for the vacant lot because it consisted of about 751 wet
lands. He also advised the Planning Goaadssion that a
coabination now would prevent problems that mi^t result
from any new owner purchasing the property with intentions
to build on a parcel consisting mostly of wetlands. He felt
that as long as the two parcels are not coabined, the City
would have no control over the sale of each ijidividual
parcel. Although Mr. Ross persisted in objecting to this
' tion. Van Nest pointed out that it was well within
loamdssion jurisdiction to make recoamendation having
stipulated conditions. Van Nest mcpved. Hake seconded, that
the Planning Gaaadssion recoamend to the Council approval
of the Conditional Use Pendt application of Ronald Ross
sibject to the coabination of Lots 1 and 2, Block 1, Long
Lake Country Club Addition. Motion, Ayes (6) - Nays (0).
/'"Ncondi
V^the C
a*i > ^ •riHW. OIEN
2980 CASOO FOOrr EQAD
SUBSmSION
•Vj
'Nm
'Ti i
KMALD JOSS
1960 LAXEVIEN 1ERIUCB
OGNOmoUL USB FEUOT
I r
MDWTBS OF A PLAMNING OMIISSICN MEETING HELd APRIL 5, 1976 - PAGE S
Whetd>y, through pnichase or easements of properties the pro
posed apprpadi could be moved north of the power pole on the
Chitrch boulevard. Mr. Lanibin tilien presented a redrawn plan that
would place the entrance to the restaurant on County Road 15,
further east of the Shell Station driveway. Ihe plan propos^
would increase the paxhing spaces to 67 cars. The Conmission
inquired concerning the
N LAI^IN (BURGER KING)
Gont.
that a landscape plan be prepared. Mr. Lanbin stated that the
restaurant would be esthetically pleasing on four sides and that
no fill would be needed for the constiuction. Because the Burger
King would have a drive*oq> window, the ConmiF^^iT. discussed the
classification status of it being a drive-in ot restaurant.
Several monbers felt that nay ti^fic problems would be eased
by a vacation of Navarre Lane that is now barracaded at County
Road 19 to the Calvaiy Memorial Church. This would pemdt
duirdi menbers to paxa at their lot to the rear of the church
instead of #19 and would relieve an imnediate problem. It was
suggested to Mr. Lanbin that he contact the church conceming
tiiis possibility and that he come to an agreement with them to
use the upper portion of the road as access way for his restau
rant proposal. Although several Conmission menbers felt strongly
that the traffic was a detrimental factor, it was suggested to
Mr. Lanbin that he contact Calvary Memorial Church about poss
ible vacation of Navarre Lane, pr^are a landscape plan and give
a square foot breakdown on the restaurant's food preparation
^^area and the dining area. The Comnission directed that a
Public Hearing be scheduled on the petition for May 3, 1976, at
7:45 P.M. in the Comcil Chanbers.
The Ckunission, as part of their work session, reviewed the
Kenneth Oien request for filling and grading the driveway
area at his tract located at 2980 (hsco Point Road. The
Ckmnission called attention to a memo from the City Street
Superintendent idiich read as follows:
(Dated 26 March 1976) There is at this location a tile line
from the outlot end of a culvert to the lake. This culvert
and tile drains the southwest side of Casco Point Roat at
this point. If this property is to be filled the outlet end
of the culvert should be located by the owner and a catch bas
in and cover ^ould be constructed by him. Also, a swale
should be provided for the runoff of water from the so^ side
of tile road at this point so as not to direct runoff directly
to the house at 2980 C^co Point Road or the structures at
2946 Casco Point Road. IVhen the tile line is exposed, it
should be inspected by the City to determine vbether it meets
the legal requirements of a stoim sewer. If it does not, the
owner nust install a system that meets all legal requirements.
(By) John Geihardscn
BTH W. OIEN
2980 CASCO POINT ROAD
OONDmONAL USE FEFMIT
TO FILL 8 GRAEE
Oien, who was present for the review, was ' ";ked to clarify
the elevation areas on his survey but was unable to do so. Hake
moved, Dunlap seconded, tliat Gorta Coffin, Surveyor, be con
tacted to prepare new pla:is as a larger scale and an elevation
plan showing existing grades and proposed changes.relating to
the Kenneth W. Oien fill application, hfotion. Ayes (6) - Nays
(0).
w
MINUTES OF A REOJLAR PLANNING OCMMISSION MEETiNG ^TLI> .APRIL 5, 1976 - PAGE 4.
The ConmissiGn turned their attention to Richard Rowlett’s
petition for a variance on lakeshore and street setback
in order to put an addition onto his exis^'iiig home. He ex
piated that the addition of 36' x 28* would consist of a
dining room and a garage. The proposed lakeshore setback
would be 66 ft. and 23 ft. from the street property line. He
stated that there was no other place on tlia lot to do ^is ex
cept as presented. As a compensation to the City, he volunte
ered to remove an existing 20' x 20* concrete patio facing the
lakeshore and replace it idth an open redwood deck. The Zoning
Administrator estimated that this would result in a net decrease
of 200 sq. ft. of hardcover. Hake moved, McDonald seconded,
that the Planning Conmission recommend to the Council approval
of the lakeshoT.'e and street setback variance request of Ridiard
Rowlette conditional upon removal of the 20* x 20* concrete deck
being replaced by a non-pervious type deck because the City
would gain a 200 sq. ft. decrease in hardcover. ?bt:.on. Ayes
- r.-ys (0).' - ' • . •. r
RICHARD RDWI£TT
3775 BAYSITE ROAD
VARIANCE • LAKESHORE AND
STREET SETBACK
t
Van Nest moved, IXnlap seconded, that the Planning Conmission
r r:j^T3nend to the Council approval of the Final Plat of the
Registered Land Survey of pfdllip Dykstra with stipulation
added to the Plat that no easement be granted from Lot B to
tl'.e lake, if this procedure is found to be correct by the City
PHILLIP DYKSTRA
3080 NORTH SHORi
FINAL PLAT
DRIVE \
^^egal staff, or any other procedure advised by the legal staff
Vwthat would ensure this provision and also, that approval be
^ject to payment of the Park Dedication Fee. Motion, Ayes
(6) - Nays (0).
Hake moved, Hannah seconded, that the Planning Cornnissicn re
commend to the Council that the Final Plat of the Ulmer (con
struction Ccmpany ^titled "Ulmer Estates" be approved sifc-
ject to payment of the Park Dedication Fee as both parcels
exceed the minimum two acre requirement, ^fotion, Ayes (6)
- Nr.ys (0).
UUCR CONSTRUCTION 00.
70 8 190 WILLGN DRIVE
FINAL PLAT - UUCR ESTATES
The Zoning Administrator called attention to the Planning
Agency draft of Ae Multi-Fanil/ Ordinance that was schemed
to be reviewed with the Planner.. He explained that John Bergley
had a family emergmcy earlier in the day and was unable to at
tend. The Conmission tabled the review until their next regu
lar meeting.
MULTI-Fi^LY ORDINANCE
At the Planning (kmnission*s request, J-^n Lambin appeared at
the v7ork session review of his application for a Conditional
Use Permit for the purpose of constructing a Burger King Restau-
^rrant at the present site of the Martins Texaco Station in
^lavarre. The Zoning Administrator related, from his meetings
with Hennepin (county personnel, that they would not permit any
egress or ingress onto Couity Road No. 19. After some review,
however, the (couity representatives agreed an access road from
(jounty ^ad No. 19 to the Burger King would be acceptable if
arrangements could be made with the Calvary Memorial Oiurch
JOm LAMBIN (BURGER KING)
3340 SHORELINE WIVE
IITIGNAL USE PERMITM CI I
MDWIBS OF A REOJIAR PLANNING (mOSSION li«BriNG HELD APRIL 5, 1976 - PAGE 6
The Gonnissiai Teviewed the variance application of Everett
S. Goodfellow, who because of an existing non-ccnfonning use,
whereby his hone had only a 6 ft. sideyard setback, recrjested
pend ssitxi* to build a 24* x 40* addition onto his hous*^ t*hat
would meet existing setback requirements. He stated that the
garage at the site wculd be removed as soo. as construction
is wider way. It has been verified that the two lots owned
by Mr. Goodfellow ere conbined into one site. McDonald moved,
Hamah seconded, that the Flaming Gonmissian reconmend to
the Gcuicil approvaJ. of the Everett S. Goodfellow variance
request as sibodtted but siiiject to the old garage being re-
moved fron the site upon conpletion of the constriction.
Motion, Ayes (6) - Nays (0).
Hake mofved, Hannah seconded, that a Public Hearing be held at
at 7:30 P.M. on the 3rd of May, 1976, regarding the subdivision
application of Alan Sweetser for pro]^rty on 845 Old Long Lake
Hoad. Motion, Ayes (6) - Nays (0).
EVERETT S.
3510 NORTH
VARIANCE
'a^ •
jm
ixcpm
ALAN SWEETSER
845 OLD LONG LAKE
SUBDIVISION
O
Hake moved, Hannah seconded, that a Public Hearing be held
at 8:00 P.M. on the 3rd of May, 1976, regarding the subdivision
qiplication of the 315 East Grant Corp. for property located
at 3340 Shoreline Drive. Motion, Ayes (6) - Na/s (0).
Van Nest moved, Hannah seconded, that the Planning Comnission
recoBiBend to the Gowicil that the variance application of Oli
ver McCurdy to build a garage addition onto his existing house
located at 1045 North fam Drive be approved as submitted.
Motion, Ayes (6) - Nays (0).
315 EAST GRANT CORP.
3340 SHORELINE DRIVE
SUBDIVISION
OLIVER S. NcCURDT
1045 NORTH ARM DRIVE
The Comnission gave their attention to the matter of a letter
from the City of Plymouth asking whether the City of Orono
would be interested in having utility services in conjunction
with a development going into the Plymouth area on Femdale
Road south of County Road No. 6. Van Nest moved, Dunlap se
conded, that the Planning Comnission recommend to the Cowicil
that they draft a reply to the City of Plymouth stating that
the City of Orono has no future plans to service that part of
Orono and that the City's long range plans, if the area is
sewered in the future, would be through the Long Lake-Orono
Interceptor. Motion, Ayes (6) - Nays (0).
CITY OF PLYMOUm
UTILITY SERVICE - ICFNDALE
Because Mr. Danield Lindsay did not return for the work ses
sion part of subdivision/PRD application, the Goirmission
tabled the matter until the Public Hearing on April 19th so
that both the rezoning and subdivision/PRD matters could be
considered as a whole. However, they did brief Mr. and Mrs.
Everett Schroeder conceming the pro^sal.
KELLY AVENUE HQIDING GO.
2505 KELLY AVENUE
SUBDIVISION fi PRD
Hake moved, Hamah seconded, that the meeting be adjoumed
at 11:07 P.M. fbtion. Ayes (6) - Nays (0).
ADJOURhMENT