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08-16-1976 Planning Minutes
IP' 0 »*> '4 ,V o •t cmr OP ORDNO, mdmbsoia RBGU^ FUHM1N6 OQMfISSION MEETING HELD AUGUST 16, 1976 ^ Orm PUming CoMission ast on the abcfve date with the following nenbeTS present: Acting Chaiiaen Gregg Hannah, Hmbm Georm Hosl^ield, Join Hake, Gloria McDonald and Zoning AUnistrator Hmk Mihidi. Gene Woolley arrived at8:25 p.n. Acting OiaixBBn Hnnah annomced that this was the time and fi?* Hearing on the petition of Gerald Parten |or a si^vision of property located at 985 Tonkaiia Road. The Zoning Adainistxator presented the Notice of Pii>lic Hearing and the Affadavit of Pid>lication. Hank Mtiich eoqdLained tiiat the original proposal was to suW^de ^ S* acres into three lots and that the Parten's had chan^ this request to two lots both exceeding two ams. Carl Parten, a brother of the petitioner and neiA- Dor to the south, was concemed about tiie swaan area on the rear lot. He felt that this wild area should not be destroyed if a new road were buUt. Mrs. Gerald Parten SSSSI®® ^ ^ property is alre^ there. nw* road Is raquired on the south lot. Anotiier Weestrsnd, mu concerned about the lake setbacks concerned aboutototnictlon of his vioM. The naimliig 0 suggestion was nade to try and line 19 tl ^1 the pd)lic were heard the public hearing 8:05 p.n. ^ The Acting GhainwDi annoiiiced that this w glM for a Public Hearing on the petitio m a si^vision of property located at The Zoning Adainistrator presented^ Nb Hearing and the Affadavit of Publication. Haidc Miiich sUted that this petition is located in a 2 acre zoning district and that Mr. Niichel is requesting approval of subdividing tiiis parcel into 5 lots, each TOwding five total acres. Mr. Miiich also infbmed the CMtoion tiiat he had received a letter from Donald F«Nphy of Hnmepin County regarding the proposed access to this - - , ^ight distance req^red___ higliiay is 845* to the left. The actual sight distance to ^ J A — -g -S- A ^the left Is 450'. Beceuse of this lielted sight distsnoe. the Cswty hu rwrn—iiiJuJ thst the preposed teloceted to a eoie safe location. ATTENIMKZ • 7:50 P.M. roBUCHBARlMG (SRALD PARIBt 985 TOOCMIi 1 SUBOmsiON (P - 7:50 PJl. ARY) . V'•• i i..'r-'v ■W-: -V ' . . •■ ■'4' ■ i . —■■- ' r?. ' •■:Vi:■■ V- • y V -'.- v..^..v■piHiH PUBUC WARINB • 8:05 P.M. ROURT NII(m 3175 SIXTH AVENUE N. SUBDIVISION (FREUMINARY) ----- MIWIES of a placing OONOSSION HCBTINS (EU) august 16, 1976 - MGE 2 Robert Nlidiel and his attomey. Bob Neaiy, »«re present i uie meeting. They e9q>lained tfiat no other property was available to relocate the access point. Mr. Niichel also stated that a change in the access would destroy his original plan. Th^ recognized the concern of the Coiaity and hoped that the County would understand their situatioi After all the puMic were heard, the public hearing was closed at 8:20 p.n. The Acting Chainaan annouiced that this was the time and T^ace for a Pii)lic Hearing on the petition of William hbar for a Conditional Use Pexmit (Service Station) for property locfttod Bt 2260 WsyzAtft Boiilovsixl* Tho Zoning Adhninistrfttor gesented the Notice of Rblic Hearing and the Affadavit of Mr. Wear was present and eoqilained that the service stationpres( the f_ _ _ _ _ _ _ service with the customers paying Mr. Todd Fruen, a property tM Gonidim ' informed . w.. «. ww^ioj liM bm set up by the property owners. Mr. Fnien stated wt he was not opposed to the mini mart; however, he did feel that tiiere was no need for this 24-hour service as it would only be a nuisance. The Zoning Administrator ii^oimed tte Planning Coanission that we were not involved with restrictive covenants and could address only through zoning. Mr. Wear then stated that the restrictions had been removed from the deed. Meaber McDonald was conoemed about the amount of traffic involved with this service station. Mr. Michael, attorney for Mr. Wear, stated that iw felt they would be catering to the traveling public UBiich would generate ti:e sane kind of traffic as the mini - - -^ A _ __ _« « ^ ^ ^mart. After all the public were heard, the public hearing the next Planning 0 ‘ 'was continued until > M M A^ing Oiaiman Hamah called to order the Regular Meeting of the Orono Planning Coanission. Hosfield moved, McDonald seconded, that the minutes of the SSm”* August 2, 1976, be tqsproved. Bn Planning Coanission proceeded to discuss tiie subdivision application of Gerald Parten. Meaber McDonald was concerned ^t drainage at the existing road. The Parten »s informed Mmiber McDonald and the Coanission that there is now a ^ culvert under the gravel road. Hake moved, Hosfield seconded, to reconaend approval of this subdivision subject to a park dedicate fee and final plat to be submitted, and on Uie condition that tiie County approve of any new access to the north parcel. Motion - Ayes (5), Nays (0). >ROBEIITNn 3175 Sim AVENUE N. (continued) WILLIAM WEAR 2260 WCilATA BOULEVARD CONDITIONAL USB PEBMIT (SBRVIC£ STAnON) CALL TO ORDER - 8:30 P.M. REGULAR MEETING APPROVAL OF MINUTES MEETING AUGUST 2, 1976 GERAU) PARTEN 985 TONKAWfV ROAD SUBDIVISION (PREU ijii:ARY) r © o MDUTES OF A PLANNING (XMflSSiaf MBBTING. HELD AUGUST 16, 1976 • FACE 3 1^ Zoning Adninistxator again reminded the Comnission of Gomty's concern of the proposed access to this sub division. After some discussion, Hamah moved, Ibolley seconded, to grant approval of this siixlivision subject to a park dedication fee, approving solely the sibdivision as stated, being cognizant of the letter from Donald Murphy of Hennepin County, and that any conceptual approvid or reasonable solution of this conation by the^ County should come back to the Planning Comnission. Motion - Ayes (5), Nays (0). Menber Me] heavy amount of traffic that would be driving in and out of this mini mart. Mr. Yfear stated that traffic was his business. He also told the Plaming Cornnission that he had contacted the State Highway Department, and they did not feel there would be any txafipic problem at this location. After some discussion, M^onald moved. Hake seconded, to table this application until the next meeting in order for Mr. kbar to obtain a written report from the State HLflhway Department on their view of the traffic situation. The public hearing would be continued to that time. Motion - Ayes (5), Nays (0). Councilman Norman ^rus was in attendance at this meeting to inform the Comnission of the action that was taking place on the following items: Gray*s Bay Dan - Project was started three years ago. A control dam near the freeway in Minnetonka had been considered. A major concern was vAio would control it for the flood in the spring and the drought in the fall. The new dam will be located down stream from existing dtan. Tanager Bridge - Mayor Searles, Dick Benson and Norman Faunis met with the County. Their plans are for a 36* bridge which would consist of two 12 * lanes and tvx> 6' bike lanes. The southeasterly portion of the bridge would be in the same location. The northwesterly portion of the bridge would be moved soamwhat which would cause cutting into the landscape. This would be kept to a miniimm. Boute - The Couity would like to get into straighten out fllO before the City does anything on #19. The County's plans are north on #110, east on County Road 6 a year or two later. The City w^d support ^is. RGBBRrNIIi 517S SIXIH AVENUE N. SUBDIVISION (PRELIMINAIOO NIUIMMENt 2260 MOrZAIA BOUiaiAED • •iITIGNU. liX PHKIT (SBRVIGB SUnCN) NOMW MUniS GRAY'S BAY IVM TANAGER BRIDGE RING RCUIE w ■'ri- ■ yr ■ v; . V X, .; •. MIMDIES OP A PLANNING (XMOSSICN tCBnNG HEU) MXVST 16, 1976 • PAGE 4 r ^ James Boeiliave of Bather, Ringiose, Wolsfeld presented the revised drainage plans to the Planning Goonission. He eocplained that there wasn't much of a change in these plans. There is still the sane major break. An overflow pip would linaae toward thebe installed which would cany the drainage toward the swaap Mr. Lyman, a neighbor to the south of the proposed subdivision, was present. Once again he expressed hi concern about the drainage of this area onto his property. There is a potential for a naioff problem, and he was concexned about the possible increased xuioff idii^ mi^ be caused by the initial develop ment and future develoanent. Mr. Boeihave explained to him that they had developed collection points and drainage ease ments to tdoe care of this x\moff. Mr. Lyman laiderstood that these easeamnts are diown on the nap, but he wanted to be assured that they are maintained. The developer requested that the road to this subdivision be public. He infomed the Planning Coamdssion that banks were no longer issuing conventional mortgages on honms with private roads. The Planning Goanission requested a written statement to this effect. After considerable disoussion. Hake moved, Hosfield seconded, to recomnend approval based on the follows: r 1. © 2. S. Soarn substandard lot widths due to a desire for con servation of the existing wetlands. The laiderstanding that only Lots 5, 6, and 7, Blodc 1, will have lake access. The request is for a public road with a 60* right of the review and aporoval of theway (conditioned on Gity Engineer and Attorney). Subject to: 1. 2. 5. Gity Engineer's approval of drainage plans. Gi^ and Gounty mnroval of access locations for the proposed street (and also for access to Lot 1, Block 3, vdien a residence is proposed for that site). submission of final plats for approval and payment of a park dedication fee. Motion - Ayes (5), Nays (0). Former Orono Policeman Red Daniels was present at the meeting to express his concern and c^laint about the inconsistency in the hours and days in vliich members are allowed to shoot. No one from the Park Gm Club was in attendance to present their cqjplication. Hake moved, Moolley seconds, to table this application until ^ the next meeting and that staff send a letter to the w Park Gun Qub requesting a representative appear and suggesting that it is to their advantage to present their own case for approval of their c^itional use permit. Motion - Ayes (5), Nays (0). [e ii OlARIES VELIE (DAVE Nm) 2905 FCK STREET SUBDIVISION-imiMINART FnVOSED ntAINAGE PLAN - . •* V 1 ‘ PARK GUN CLUB 3660 SIXTH AVENUE N. CONDITIONAL USB PEPMIT RBVIEN OF EXISTING OPERATION MDinBS OF A FLMtaNG GGM4ISSI0N MBBT1N6 HBLD AUGUST 16, 1976 - PAGE 5 o The Zoning Adbinistrator explained to the Gonnission that the Hercux's ifexe requesting two variances (front setback and setback from residence) to build a tuo-stoxy garage. He felt the following probleais sdght result fron the proposal as subnitted: (1) (2) (20 Possible conercial use of a garage of this size. Second story above garage could provide second residence on a single parcel. IVfo-stoxy structure would obstruct the vision of the residence on the west. Gould consider approving if the proposed structure were to be built snaller and lower with the condition that the existing garage be renoved because it is non-conforming as it tsxtmds over the propert/ line onto City Row. Mr. Heroux was present. He ejq^lained to the Gonmission that the garage was to be used for several cars he owned, the second story of the garage would be used for storage as he does not have a basement . He also stated that the view of the neighbor to the west would not be obstructed because of the two-story structure, but by a 6* fence which he planned to put iq>. After some ^scussion, Hmmah moved, hbolley Q) seconded, to reoomMnd approval of this variance on the <ition that the second story be for storage only and the witikin 30 days of the comoletionLsting garage be removed within 30 days of the coopletii of the new garage. Notion - Ayes (3), Nays (2) Hdce, Hosfield. Hmdc Ndiich stated that this application was similar to the variance request of the Heroux's. Mr. Hdiidi felt this addition would be an iiqnovement to the existing conditions. However, he did stress that the non-conforming garage on the property now should be removed eitiier by resolution or removed before a building permit is issued for a new garage. Hosfield moved. Hake seconded, to approve this variance provided the existing garage is removed prior to the issu of a building permit or that tiie title opinion be approved by the City Attorney requiring removal after construction. Motion - Ayes (5), Nays (0). The Zoning Administrator explained to the Planning Coranission that the Benedict's were requesting approval of variances to add to the existing dwelling including an attached garage. Mr. Benedict agreed to remove the existing non-conforming garage ^and would be willing to remove it before conmencing with the proposed addition. Haidc also mentioned that he had received several calls from nei^ibors conceming the cars that were parked on this property. HBROUX 4445 NORIH SHORE ORIVB VARIANCE - RIGHT OF WCt SETBACK AND SETBACK BETWEEN STRUCTURES i.: V ‘ *■ A GORDON TANXE 1440 BALDUR PARK 1 VARIANCE - LOT AREA 6 WIDTH FOR AODITIGN TO NGN-GGNFGRMIN6 RESI STREET 6 SITE YARD. B. ROBERT BMDICT 1380 REST POINT RCMD VARIANCE - HOUSE AIDITION TO EXISTING NON-CONFORMING LOT - LOT AREA 4 WIDTH 7T-' ^ - > : o i: IF m f o OP A PLANNING COiUSSIGN »£BTING HELD AUGUST 16, 1976 - PAGE 6 Dave Williams, a nei^^ibor, stated that this home has been under construction for about one year. He ui^rstood that they had some problems, and he did feel that they mere tiyi^ to iiprove their property. However, he was wonder- i^ if they could make some effort to clean tqp the bad: part of the house. Among other things, he mentioned several cars and boats that were stored on their pnq)erty. Mrs. Benedict was present and explained that they were storing the boats for a friend of their son's mtil he could make arrangeaients to store then elsewhere. Her Itusband does have a coiqple of cars whidi he uses for spare parts. Because of the high cost of having gaibage hauled away, they did acamilate a variety of different items of trash mtil th^ had enou^ for one load. H^e moved, Hosfield seconded, to reconnend approval of this non-confonning lot size for the proposed addition based igxn the fact that the lot area cannot be expanded, no setback variance is required, area is sewered, propert] -confoiming garage prior to Staining' a building pexmit and that the owners make an effort to re thr • ■' - * -in^rove the appearance on the outside of the house. Motion - Ayes (5), Nays (0). Because this is a renewal of an expired variance, Itake moved, Hosfield seconded, to recommend iqgproval of this variance based on the sane conditions mentioned in the minutw of the July 28, 1975, meeting. Motion - Ayes (5), Nays (0). Ihe Zoni^ Administrator infbmed the Planning Commission that Medina had decided to cancel the meeting between the two Villages. Someone from the Medina Coamission had uto the Village Office to pidc up minutes on our PlaiBiine ^- - - - - - - --- - -«ings. They felt that Orono to agreement with Medina on tois proposed Vo-Tech Sdiool The ^dina Planning Commission will be sending the minutes of toeir meetings to Orono. All Plaining Connission members present mre opposed to the Hminepin Comty Vo- Tech proposal. Hannah moved, McDonald seconded, to schedule a I\d)lic ig for Septenber 20, 1976, at 7:50 p.m. regarding the :ional use neim;* * ■ - ^ o^ ^ _ _ and variance application of Holiday Station Stores at 3340 Shoreline Drive. Motion - Ayes fS) Nays (0). / v Hannah moved, Hosfield seconded, to schedule a Public Hearing for Septenber 20, 1976, at 7:45 p.m. regarding the subdivision application of Thonas I^ran for property located at 1060 Tonkawa Road. Motion - Ayes (5j, Nays (0) ROBERT BENEDICT 1380 REST FOINT ROAD (continued) .. . j , I ROBERT BIRKELAND 4500 N0R1H SKKB DRIVB VARIANCE - UJT AREA -V HEMffiPIN OOWnr VD-1ECH 2950 SIXIH AVENUE N. SaCDULE MBBTING WITH >CDINA FIANONG OOH4ISSION HXIDMT SEKTKM STORES 3340 SHORELINE OOVE OCNDITIONU, USB TEnOT « VARIANCE IHMAS RIAN 1060 TONKANA RtMD SUBDIVISION (FRELl [NARY) 'it'.; 'i.. o NUMBS OF A FLNillNG OCM4ISSION lifiBUNG HELD AUGUST 16 * PAS 7 Hannah Moved m'>■ Nqrs (0). to schedule a M)lic it 8:00 p.m. regarding Harriscn f6r proper Notion - Ayes (5), HUS HARRISON 1305 SIXIH AVENUE SUBDIVISION (P :kisi:uc ADJOUMCtir