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11-01-1976 Planning Minutes
cm OF CHMO, MimESOTA REOJLAR PLAMQNG OOMISSION KEEETINS HELD N0VB4ECR 1, 1976 I- o The Orono Planning Connission net on the above date with tiie following nenbers present: Ghairwonan Diane Dunlap, Menibers George Hosfleld, Brad Van Nest, John Guthrie, John Hake, Gloria McDonald, Paul Pesek, a^ Zoning Administrator Hank Miiiidi* ATIBNDANCE - 7:30 P.M. Oiainranan Iknlap amoiaiced that this was the tine and place for a l\iblic Hearing on the petition of Steve Wallack (T.M.G Corporation) for a subdivision of property located at 4100 Sixth Avenue North. The Zoning Adrinistrator presented the Notice of public Hearing and the Affadavit of Publication. SIEVE NALLAOC (T.M.G.) 4100 SIXTH AVENUE NORIH SUBDIVISION (PRELIMINARY) (#188) The Zoning Actaiinistrator stated tiiat a subadtted in 1974 consisted of 54 lots revised proposal for 14 quite an iaprovenent. The total dry buildable area for this plat is 68.41 acres iliich is 97.. - — - -- - - - - -731 of the required total. All the lots appear to be at least 300' wide at the building site and projected locations appear to meet all nlnlmm setback recrements. 4 rtf' • • ■I- , Mr. Nelladc and the developer* Bruce Grivna, were presoit. The Planning Gonmission asked the applicant if he had con- tKted Hemepin County regarding the proposed location of the curb cuts and what effects this subdivision would have on the future plans for County Road 6. Mr. Wallack stated he was not aware of the fact that the sidxiivision was to be suiiaitted to the Couity for their review. At the time of me last proposal, the rerouting of Highway 12 was discussed, but tiiexe was no mention of the reroutfog of County Road 6. The Planning Coaniss ion was concerned about how mudi land in tills subdivision meis in the flood plain and also how was actual wetlands in relation to^hat is indicated on the wm. TheJPlanning Comoission felt that a report ^vjuld be mained from the Hennepin County Conservation District or tte kdi^aha Creek WatershedDistrict and Hickok 8 Associates. The Ordinance states that this cost, if any, would be absorbed by the developer. Also present at this meeting were quite a few surrounding property owners. The following came forward to identify themselves: Marie Peterson, Mr. 8 Mrs. Maurice Swanson, Ccnsuelo Carruthers (name not included on the Abstractor's List), Mr. 8 Mrs. F. Joe Thompson, C. E. Larson, Robert Gehrman and Oirt Hagfors. They were interested in seeing tiie map of this proposed subdivision. Robert Gehrman, "*»«se property adjoins Lot 9 of the Subdivision, stated : this area is marshy in the spring. Bill Greenwood 'inted out to the Planning Comiiission the areas which e felt were wet and those that were dry. Mr. Curt Hagfors related that this proposed area has a high water im‘ ^ rt-tfr r ~ j^iTi r------ MDUTSS OF A PLANNING CCMOSSION MEBnNG HELD NOVEhBER 1, 1976 - PAGE 2 o table. Several nei^ors were interested in knowing how mny lots were less than 5 acres. They felt that this is a S acre zom and should renain as such. However, some of these same neighbors, own 1, 2 and 3 acre lots themselves. After all the public were heard, the public hearing was closed at 8:00 p.m. After continued discussion, the Planting Goninission tabled this matter to allow the a^licant time to submit the follow ing infomation: VD (?) (3) Revt.ew by the Minnehaha Credc libtershed District t detexmine actual wetlands designation in relation to mas shown on topog. Review by agency such as Hennepin County Conservat Department or Hickok 8 Associates to detendne flo plam area and what the restrictions mi^t be. Review by Hennepin County regarding proposed rerou of County Road 6 and >hat eHect the proposed sub division might have on any sudi future plans. Hake moved, (kxthvie seconded, that the minutes of the October 18, 1976, meeting be approved as corrected: Page 8, the following sentence be added to the Hennepin County Vo-Tech item: It should be noted that the Planning fTj Conmission Menbers present are opposed to the Vo-Tech proposal. Motion - Ayes (7), Nays (0). The Zoning Adnini:i trator stated that copies of the final pdat had been sent to each Commission Menber. Both parcels ercceed the mininun requirements of 2 acres and 200* lot widtiis. Hake moved, Fiosfield seconded, to reconnmid approval subject to receipt of the Paiic Dedication Fee and approval from the County regarding location of any curb cuts. ^fotion - Ayes (7', Nays (0). Hank Muhich informed the Conmission that this final plat is the same as the preliminary and meets all the requirements. Van Nest moved, Guthrie seconded, to reconmend approval of the final plat of the lot rearrangement. Motion - Ayes (7), Nays (0). New applicant was not present to submit necessary informa tion. Richard Tiegen, a neighboring property owner, was present and asked if he could address the Conmission. He wanted to express his concern about the drainage should tile road be raised. The Planning Conmission assured him that the drainage would be maintained. STEVE WALLACK (T.M.G.) (continued) (#188) APPROVAL OFMIMnES I€ETING OCIDEER 18, 1976 FRED LUCAS 2055 SIXTH AVENUE N. SUBDIVISION (FINAL) (#95) DAVID J. KRUSKDPF 1200 WnJHURST TRAIL LOT RBARRANOBMENT (#98) ROBERT JOHNSON 1121 ElMMOOD AVENUE VARIANCE - LOT AREA 8 WIDTH (#164) ir * MXMJICS OF A PLAhMING OGM4ISSION IdETING HELD NOVEMBER 1, 1976 - PAGE 3 C >1111Tlie Zoning A ,________________________ th© £inal plat. Th© two paxcals Tosulting froni the proposed division contain 8 and 32 acres respectively. Each lot contains 5 or more acres and subdivision meets Section 39.021. Exceptions of our code. Pesek moved. Hake seconded, to recoHnend qijproval of the final plat sti>ject to th© receipt of the Park Dedication Fee of $500. Motion - Ayes (7), Nays (0). HUGH HARRISON 1305 SIXIH AVENUE NORIH SUBDIVISION (FINAL) (#172) J Mr. Wolfe was in attendance and presented the survey show ing tiie location of the proposed garage. Mr. Wolfe felt tills was the best location for the garage to preserve the trees, tiirubs and bushes on his property. Van Nest mov^, McDonald seconded, to recomnend approval of this variance based on the hardships as demonstrated as this is a narrow lot, it is th© only practical location to preserve trees, etc. and existing drivmy will act as turn aroixid for side entry on garage. Motion - Ayes (7), Nays (0). Mr. Ldman presented certificate of title for Lots 1, 2 Old 3 showing Mr. Lehman and his brother as joint owners. A lengthy discussion followed concerning lot area com pliance. Mr. Ltinnan felt he was doing everything hunanly possible to meet the code requirements for this siiidivisioi Member Van Nest stated that Mr. Lehman had agreed to give up the commercial 250* of Lot A provided that he would not have any problems when he planned to subdivide. Van Nest moved, (ki^rie seconded, to reconmend preliminary approval of the subdivision of Lots A, B, C and D based on the hardships demonstrated because of the contour of the land and narrowness of Lots A, B, and C, there is no other land available within 1 acre ^strict to make standard for Lot D, and if LR-ld zoned area were developed under a PRD proposal the developer would be entitled to four living units. Approval was conditioned on the following: (1) A conservation easement over the marsh and wetlands area be gnoited to the City. (2) Water drainage easement be granted to the City along the drainage ditch. (3) Subject to a Paik Dedication Fee for 4 lots. Motion: Ayes - 5 (Van Nest, Hosfield, Guthrie, Hake, Dinlap) Na]^ - 1 (Pesek), Abstain - 1 (McDonald). O I G. RAUCND HOLIC 2925 CASCO FOINr F VARIANCE - SHE YARD SET BACK (#177) ED IE»MN 3527 SHORELINE DRIVE SUBDIVISION (FRELININARY) (#182) mWIES OF A FLAWING OOMSSICW WETING HEU) NOVMER o - PAGE 4 Mr. Larson was pressnt. He is requesting approval to buildKM* tion. Soro menbers felt this was meant to include the^ grage, >bUe other meobers felt this pertained to the ^ ^ PaulSc^]^ stated he could not use the pre&^nt garage in the The proposed location extends over a vertical top. Mr. U«cn*s plans are to build up a concrete wall m a footing from the Icwer elevation up to the higher e!Lr°^ level. L^r level would be used for storage. After SOTO discussion, (^thrie moved, Pes^ seconded, to reconmend ^^roval because of the topography of the land. 1^ la consistent with the neighbors and location would ^ present. The Zoning Administrator inroimed tro Comnission that the applicant is requesting ^ varies for an addition to the rear of the exisi^ * ^ iSS^ a garage addition to the front. No otterISna IS &V8llable and nmmQia/l ____ I •‘i: •/. ^ Moiiion to tne front. No other land is available and proposed additions would be a great ^Tovement to the existing house. Several pictures^ we property were presented to the Coandssion. n..j St^oSTss:^ ht“^th^wL”%,^?srsr2o.b^M the tree a^ the addition. Both additions would S?fiSd building. Pesek moved,Ho^ield s^onded, to reconinend approval of the necessary variances becau^ house is consistent with nei^oihood and would upgrade to houses alrea^ theie, lot is narrow and no otter land is available. Itotion - Ayes (7)? nJ^'(O) ^tlhich informed the Comnission Au^t 8, 1976, vben a complaint was received concerning progress on this property. Investigation revealed llll®d near to the sh^ evident. A stop work order wasp<^ and a teg was issued. Mr. SoUe wS advised to make ^ application and to seek approval from the other agencies.^agencies. HARVEY LARSON 1342 BEST POINT CIRCLE VARIANCE - GARAGE SIDE YARD 4 STREET SETBACK (#187) }i f BRUCE PETERSON 2447 CARMN4 STREET VARIANCE - LOT AREA, WIDTH SETBACK(#189) ROBERT SOLIE 1085 NORTH ARM DRIVE CONDITIOWr USE PERMIT GRADING AND FILLING (#190) M . •mama . I*-*- « MIHnBS OF A PLANNING GCMflSSION MEETING LO NOVEMBER 1, 1976 - PAGE 5 0 An application apparently Ktas made to the MCWD because Orono 2?*i07A ® a letter fro® them to Mr. Solie on August27. 1976, appio^gMs’;^;r }Z September 9 without the knowledge of staS. following Staff's di^overy of additional work having been J™s a^lication^^ incomplete and not up^ted laitil Octowr 1. 1976, At this point, the Municipal Court has continued this case laitil Council shall take action on this application. The work done Includes cutting dovn a high bank 2r dirt dowi toward lake level in one comer of 2® ^ 5 ft. high and towiuim 10 ft. of the sunner water level. A creosoted tie mtaining wall was erected on the lower end and small trees nave been planted. Mr. Solie stated that he has been to court several times concerning this matter. He was not aware that he needed a conditional use permit from Orono for this work. He felt that ^ approval of the MCWD was sufficient. The Zoning Adninistrator informed Mr. Solie and the Commission that the generally enforces regulations. Agencies like ttie FCWD make recommendations and generally do not enforce Qthese. Sever^ members were concerned and voiced their disaroroval regardi^ the procedures of the MCWD and lAKID vhen granting approval of sudi plications. They requested that Council Tu ®? agencies expressing this concern. ^'^^“^asion also wanted to inform these agencies approve of the use of creosoted ties in “ Jakeshore inprovements. The Commission also felt that toono sh^d contact the Board of Governors for these their policy for granting approval of applications, sudi as Mr. Solie's, before approval has been given by the Council. Mr. Tiegen. a neighbor to the south, stated that it is quite maintain the bank in this area, and can symphathize witii Mr» Soli6« moved, Pesek seconded, to table this matter so that the BOMrs who had not already done so could visit this site. Motion - Ayes (7), Nays (0). The fanning Commission also felt that some consideration should be given to rewriting the ordinance concerning lake* shore regulations. ^0 ROBERr SOLIE (cantinued) (#190) It iM • » *4 « • m # o MINUTES OF A PLANNING GOrffISSION ICETING HELD NOVB^R 1, 1976 - PAGE 6 Menter Van Nest reported that one other chart had been added to the plan. Few modifications have been made. The Coaq[)rehensive Sewer Plan has been siimtted to the Metropolitan Waste Control and a meeting is scheduled with tiiem for later this week. The Public Hearing on this matter will be held on November 10, 1976, at the Freewater Biological Institute. The Zoning Administrator explained that a Public Hearing has been scheduled for Noveaber 15, 1976, at 7:45 p.m. conciming the rezoning in Navarre resulting from the settlement of the law suit. Final action is to be completed by Noventer 29, 1976* Member Van ^st pointed out ^ additional area in Navarre to be considered for rezoning also. The Planning Gonmission is requesting that Gouicil study this additional property to be rezoned lor their iiqnit as to idiat is reason- d>le to rezone. The Planning Commission is in favor of tliis rezoning. The Planning Commission went into work sessions on David Butler, Warren Ortenblad, Edwin Kuglin and Curt Jenson. ^ The Planning Conmission received a copy of the letter Mrs. Watson sent to Didc Benson requesting that she be considered for an opening on the Planning Conmission. Chairwoman Diailap informed the Conmission that she knew this woman personally and felt she was a conscientious person. •■'rjmr Van Nest moved. Hake seconded, that the meeting be adjourned at 10:40 p.m. irawi © OOMPReiENSIVE SEWER PLAN NAVARRE AREA REZGNING APPLICATION OF MRS. JOHN (PEGGT) WATSON ADJOURTMENT im"Mm ■ I II ti M