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HomeMy WebLinkAbout01-17-1977 Planning Minutesi :*- .- I AGENDA PLANNING COMMISSION JMEETING OF JANUARY 17, 1977 ORONO CITY HALL - 7:30 P.M. I. CURRENT ITEMS A. Action Items 1. 2. 3. Call to Order #218 - Public Hearing • 7:30 p.m. Henry Skarp - 1045 W. Femdale Road Lot Rearrangement #192 - Public Hearing - 7:45 p.m. Navarre Area ^zoning Minutes of Regular Meeting of January 3, 1977 #188 - Steve Wallack (T.M.G. Corp.) - 4100 Sixth Avenue N. Subdivision (Preliminary) #199 - Mrs. Robert Gasch - 1030 Tonkawa Road Variance - Fence Setback (Structure) #200 - Victoria Grain Company - 500 North Arm Drive Subdivision (Preliminary) and Dredging (No revised plan submitted) #201 - James McCleary - 3445 Bayside Road Non*Confoiming Use #210 • Jack Rhode * 1410 Bohns Point Road Variance > Lot Area and Width - Conditional Use l ermit #217 - Robert Biikeland - 1298 Wildhurst Trail Wetlands Variance - Dredging Permit #128 - Boeye-Anderson - 500 Nor^ Aim Drive Subdivision (Final Plat approval) Platting Ordinance - Review For Revisions Upper Watershed Storage Project •. ii K B. Work Session Items 1. #219 - Gary Peterson - 3545 Ivy Place Variance - Lot Area 8 Width Right of yiay and Lake shore Setback 2. #220 - William Gregory - 1410 Shoreline Drive Vacation - Extension of Brackett Avenue Public Healing Scheduled for February 7, 1977, at 7:30 p.m. 3. #221 - George Hanson - Big Island Variance - Lot Area 8 Lakeshore Setback Hardcover Restrictions (Revised Proposal) 4. #222 - Ruth Wear Estates - 2901 Watertown Road Subdivision (Preliminary) - Public Hearing Scheduled for February 7, 1977, at 7:45 p.m. i 1 =1^ Agenda - Janiiaxy 17, 1977 Page 2 C. Incomplete Items 1. #202 - 2. #209 - Harrison Johnston - 925 Willow Drive Conditional Use Permit S Variance Tabled - Declared Moratorium Richard Ledstrom - 3465 Sixth Avenue Nortt Wetlands Variance - Conditional Use Permit Tabled - Declared Moratorium - Duck Pond II, COMPLETED ITBtS FOR COUNCIL A. Completed Items i 1. 2. #164 #195 #206 #207 #120 #205 #212 8 #126 #211 12 • V 13. 14. 15. #213 #214 #215 #216 #156 #175 Jim DeSplinter - 1121 Elmwood Avenue Variance - Lot Area 8 Width - Concurred Warren Ortenblad - 2799 Casco Point Road Variance • Lot Width ~ Concurred John Baldwin - 4280 Waterto\-m Road Variance - Lot Area 8 Width Hp Charles Westman - 1040 Townline Road Variance * Stable Setback - Concurred James Sidwell - 1375 Park Drive . Subdivision (Final) - Concurred and Considering Doma Martelle Stangler - 136S Subdivision (Preliminary) - Concurred With Conditions William Dickey - 2645 Watertown Road Subdivision (Simple) ~ Concurred %i ..u r-runj-in-ro/iHennepin County Vo-Tech - 2950 Sixth Avenue North - Conoirred . n r Hartnett - 4201 North Shore Drive VariinM^Addition Above Existing Garage on Non-Confoiming Lot and Structure - Concurred • Thomas Frahm - 2520 Casco Point Road Houae - ConcurredVariance - Addition to Non-Conforming Lot and House umeurrea - Gordon Ritt - 1165 West Femdale r«,r..rr.dVariances for Addition to Non-Confoimty - Concurred - Gabriel Jabbour - 780 ToiAaMa I^d . recurredVariance - Lot Area 8 Width Setback for Addition Concurred - William Schultze - 1199 Elmwood ^ , Variance - Lot Area 8 Width and Fill Permit - Concurred - Klaus Becker - 511 N. Fcmdale m a_ _ _ _ _ _Appn lepin- -,Lh - Park Reserve Approval 1 1 A •5 • 1 •:9 r~- CITY OF QRCNO, MINNESOTA REGULAR PLANNING CCMflSSION MEETING HELD JANUARY 17, 1977 ^ e Orono Planning Commission met on the above date with the following members present: Chairman Gregg Hannah, Members Gloria McDonald, George Hosfield, Paul Pesek and Diane Dunlap who arrived at 7:55 p.m. Also present: were the Zoning Administrator Hank Muhich and Mayor Van Nest. Chairman Hannah announced that this was the time and place for a Public Hearing on the petition of Henry Skarp for a lot rearrangement of property located at 1045 W. Femdale Road. Hie Zoning Administrator pre­ sented the Notice of Public Hearing and the Affidavit of Publication. The Zoning Administrator explained that several years ago torrensing procedures of the property to the west of Mr. Skarp resulted in the lot line being shifted eastward over 5'. However, the new neighbors to the west have agreed to convey the 5' back to Mr. Skarp. Mr. Skarp was present. Hiere was no objecticxi to this lot rearrangement so the public hearing was closed at 7i35 P.M* o Pesek moved, Hosfield seconded, to reccmmend approval of this lot rearrangement. Motion - Ayes (4), Nays (0). Hosfield moved, Pesek seconded, that the minutes of the January 3, 1977, nieeting be approved. Motion - Ayes (4), r-ys (0). The Cormdssion discussed the report prepared by the Zoning Administrator concempg this proposed subdivision and how it relates to the policies and standards of Orono. Conmission concurred with the findings. Zoning Administrator stated that reports fr^ other departments are also being prepared. Mr. Hihich infoimed the Comnission that he had received a call from Hennepin County inquiring about the progress of this project. They are concerned about the status as County is still considering rerouting some of the County corridors in the area. Hosfield moved, Pesek seconded, to table this matter as no revised plan has been submitted. Motion - Ayes (4), Mays (0). / \ Mr. Mihich informed the Comnission that Mrs. Gasch had called stating that she would not be at this meeting, 0^ will be at the next meeting. Zoning Administrator ^iPtid he CGuld sense a problem here as the involved parties are not moving toward a mutual agre^nent. Pesek moved, Hosfield seconded, to table. Motion - Ayes (4), Nays (0). ATTENDANCE - 7:30 P.M PUBLIC HEARING - 7:30 P.M. HENRY SKARP 1045 W. FERNDALE ROAD LOT REARRANGBfENT (#218) APPROVAL OF MINUTES MEETING OF JANUARY 3, 1977 STEVE WALLACK (T.M.G.) 4100 SDCIH AVENUE N. aJBDIVISION (PRELIMINARY) (#188) MRS. ROBERT GASCH 1030 TONKAMA ROAD VARIANCE - FENCE SETBACK (STRUCTURE) (#199) 1 -----larTnimTlinfi^ o o IL m MIWrES OP A PLANNING CXMffSSICN M6ETING HELD JANUARY 17, 1977 - PAGE 2 Oiainm aimouiiced that this was the time and i PuWic Hearing on the Rezoning of Navarre. The 2o^g Adm^strator presented the Notice of PiAlic » presCTted a of the Navarre area illustrat­ ing the properties to be rezoned. He also defined the new B-5 zoning rategory which is a lijnited neighborhood business MOAieen, Ev Geyen, Inez Geyen and Rod MacOiarles. «^ect this rezonijig would have on Manning Ccnnission advised that there ^d be no chmge. She stated that it was her under- stand^ that the front 187* of her property would be touicil was willing to rezone the * however, the properties involved, including the Sohns property, chose to remain zoned as they ^ currently were. ' Ir Zu *'*'^*''7 » •*•«» area mere woi 15«s a protection against duplicating existing businesses. volunterr^ to meet with the concerned d^cuss the proposed rezoning in order to help ^^mSTaSS fl^ft^ permitted and conditiml usesana make any additions they feel are necessary. McDon^d raoved, Hosfield seconded, to continue this public Navarre area rezoning f / I ^ m M Miwres OF A PLANNING CXMIISSICN MEETING HELD JANUARY 17, 1977 - PAGE 3 o Hie Zoning Administrator infoimed the Coffinission that mlicant will be ratuming with new plans. The sketch of the revised plans included some changes iA the marsh lind pnroter wldch could result in some problems. Dredging has been eliminated in this revised proposal. Mr, Muhich also stated that the contractor has called requesting that a building permit be issued fer Lot 6 of the revised proposed plat. Mr. Mihich explained to him that this is not permitted prior to the filing of the plat. Mr. Steve Wilensky of Brauer $ Associates was present. He assured the Commission that he would submit revised plat shortly so platting procedures could continue. McDonald moved, IXmlap seconded, to table this matter until the revised plans are submitted. Motion - Ayes (5), Nays (0), / v / t Hie Plannmg Conmission discussed report prepared by Mr. MJhich and agreed with contents. Reports from other departments will also be submitted. Hie Coomission instructed Zoning Administrator to notify applicant to be present at next meeting vdien the Planning Conmission would take action on this matter. Ikmlap moved, Pesek seconded, to table this until the next meeting. Motion - Ayes (5), Nays (0). Dunlap moved, Pesek seconded, to table this nmtter until appli^t submits revised proposal. Motion - Ayes (5), Nays (0). / v / » Planning Commission was very concerned over discrepancy in content of application. Current application requests ^>proval of (hedging of a 50 * channel supposedly approved in 1973, yet old application and ENR approval stipulates a 25^ channel. Mr. Birkeland was present and stated that he did not know where the 25* width came from. His plans are to finish the other half which was not conpleted several years ago, but not to make channel any wider than presently exists. Hiis would involve dredging 25* down the middle and slope the sides. At the present time, he cannot navigate his pontoon out through the mouth of this chaimel because of the algae and weeds that have built up on the bottom.on the bottom. Dunlap moved to reconinend approval to open up closed part of channel but not to extend over 25* bottom width already dredged subject to engineer's approval. VICIORU GRAIN COMPANY500 man arm drive SUBDIVISION (PI^IMINARY) f#200) JAKES McCUBARY 3445 BAYSIDE RCAD NCN*0C»JP0RMING USE (#201) ^ JACK RHCfflE 1410 BOHNS POINT ROAD VARIANCE - LOT AREA Q WIDTH - CONDITIONAL USE PERMIT (#210) ROBERT BIRKELAND 1298 WILMJRST TRAIL WETLANDS VARIANCE DREDGING PERMIT (#217) MIWIES OF A PLANNING OCMUSSION KCETING HELD JANUARY 17, 1977 .PAGE 4 m usS*toSnSS"^iidredging material slwuld b y^ter the house as indicated on the plans. onfonnaticn from ^licant inciting engineered diwings and topogs of existing and proposed elevations and extent of dredging and filling. eievarions Menber IXnlap withdrew her motion. rf ^ uncertainty showed some objection to this as he had BirXeland w^ no longer present, so the Zoning Administrator was directed to infom him that the Planning Commission would reconsider ^e proposal at the next meeting of February 7, 1977 invest m the engineering costs. The Comnission ’ ^d m^e a site inspection and check any old plans Mr. Birl^land mi^t be able to produce. ““*”**'’*■ P”S“ted the final mylar and hardshells. “ same as preliminary. No Park Dedicatiai Fee is requi^ as this is a lot rearrangement. Jteplicant is not creating any new building sites. o Pesek Hosfield seconded, to approve on the basis that “ the preliminary and conditioned on mis approval does not indicate approval ofany dock existing or planned. Motion - Ayes (5), Nays (0) ROBERT BIRKELAND (continued) (#217) -d.#' BOEYE-ANDERSON 500 NORIH ARM DRIVE SUBDIVISION (FINAL) (#128) ■XA^ . 1 m f II © MIMnES OF A PLANNING COMISSION MEETING HELD JANUARY 17, 1977 - PAGE 5 Meni>ers Pesek and Hosfield nake up a ccnmittee to review the ordinance and to tiy and make it more compatible. They will be studying the areas that th^ feel should be addressed such as current replatting^ roads, utility easements. PLATTING ORDINANCE etc. The Planning Comnission took action on the following woik session item: Mr. Muhich presented revised plan of a similar request that was made last sunmer and conceptually approved by Council. Mr. Hanson was not thoroughly satisfied with the original proposal. Revised plan indicates a lakeshore setback of 43*. Mr. Steve Wilensky, the engineer from Brauer 4 Associates was present. He stated that Mr. Hanson would like to move the location ci che residence closer to the top of the hill so that there is not quite as much of an oveihang. They felt the middle location as shown on the plans is a compromise. Comnission felt this was a reason­ able request because of the topography of the area. IXnli^ moved, Pesek seconded, to accept the middle site plan indicating a 43* lakeshore setba^ subject to previous agreement and stipulations to include the com­ bination of the south 30* of Lot 71 and Lot G, and a (Conservation easement on Lot 3 and the otiier strip as set forth inpr^’/:-ijs resolution. Motion - Ayes (5), Nays (0). Jim McCleary arrived at 9:45 p.m. Comnission informed him that this item had been discussed earlier and tabled, but that they would continue to discuss it at this time. The Zand^ Administrator once again stated that Mr. McCleary*s original request was to remove all existing structures and replace them with one new structure of equal aggregate area for continuing present use which includes a Conditional Use Permit for the serving of soig> and sandwiches. In the meantime, the structure has burned down and the property has lost its legal, non-conforming use as more than 751 of the structure was destroyed. The only way to continue this use would be throu^ rezoning or an amendment to the code. Stubbs Bay Marina is currently in a B-2 zone which permits the operation of a marina in this area, but does not allow for a restaurant. Mr. McQeary stated that Stubbs Bay Marina was an existing operation long before he purchased it and the zoning has changed since the original use. Commission was not in favor of rezoning. General feeling is tiiat this could result in problems with other marinas and possibly generate more traffic. Also could be more problems with hardcover and generally set a precedent. While the Planning Commission was sympathetic with Mr. McQeary, they told him that he is requesting something which is not per­ mitted by our codes. GEORCX HPNSCS^ BIG ISLAND VARIANCE - LOT ARFA 4 LAKESHORE SETBACK (#221) JAICS McOEARY 3445 BMrSItE I NCNKXXFOmiNG USE (*201) * • m MDVreS OP A PLANNING OMnSSION MBBTING HELD JANUAR!ir 17, 1977 - EAGB 6 Planning CGonission was also concerned about any potential Mcaeaxy stated that he had talked to HiCKOk e Associates, and tiiey said there were ways of handling this. mer S0B» discussion, Dunlap moved, Pesek seconded, to deny the continuation of previous use idiich was to r^lace existing building with new structure (changed since the fire) on the basis that the non*confoiming ms# has been negated and as a result we are faced with a rezoning situation. Also move to deny request to build a restaurant ifi a B-2 zone on the basis a resolution be drafted. - Ayes (5), Nays (0). Zoning Adhninistrator stated that a resolution would be drafted by the City Attorney ao^ as he has reports from tiie Police, Street and Sewer Departments and also from the engineer about the septic problems in that area. Planning Conmission went into work sessions on Gary Paterson, William Gregory and Ruth Hfear. (kice again, the Planning Goanission discussed the reorgani­ zation of the Goanission. The general concensus of the Meohers is to reduce the size of the Goanission from 9 to 7 members. Currently there are six meabers which would mean that one additional meaber should be appointed from the list of interested residents. The suggestion was made that several meabers i!)eet with the Zoning Administrator one-half hour before each meeting to go over any routine items. Chairman Hannah and Meabers IXmlap and McDonald volunteered to meet with Hank before the February 7, 1977, meeting. Members Pesek and Dunlap were q^inted to the Policy Procedures Committee. Pesek anved, Hosfield seconded, that the ameting be adlouRied at 10:50 p.m. JAMES McCLEAFY (continued) (#201) i ,• ■ PLANNING OOMa APPOINTMENTS tsamfen