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HomeMy WebLinkAbout02-07-1977 Planning MinutesAGENDA PLA'>i:>.’lNG CaMISSIQN >EETING OF FEBRUARY 7, 1977 ORCNO cmr hall - 7:30 P.M. I. CURRBTT ITEMS A. Action Items L ' 1 % ••fi • .<{ "k" ' ■ L.; t V ! i • 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Call to Order Notice of Postponement of February 21 Meeting to February 22 - 7:30 p.m. #220 - Public Hearing - 7:30 p.m. William Gregory - 1410 Shoreline Drive Vacation - Extension of Brackett Avenue #222 - Public Hearing - 7:45 p.m. Ruth Wear Estates - 2901 Watertown Road Subdivision (Preliminary) #192 - Navarre Area Rezoning Continuation of Public Hearing Minutes of Regular Meeting of January 17, 1977 #199 - Mrs. Robert Gasch - 1030 Tonkawa Road Variance - Fence Setback (Structure) #200 - Victoria Grain Company - 500 North Arm Drive Subdivision (Preliminary) - Revised Plan #210 - Jack Rhode - 1410 Bohns Point Road Variance - Lot Area and Width - Conditional Use Permit #217 - Robert Birkeland - 1298 Wildhurst Trail Wetlands Variance - Dredging Permit #219 - Gary Peterson - 3545 Ivy Place Variance - Lot Area 6 Width Ri^t of Way and Lakeshore Setback #120 - James Sidwell - 1375 Park Drive Review Previous Proposal #225 - Good Shei^erd Parsonage - 2466 Dunwoody Avenue Conditional Use Permit - Annual Review #227 - R^ecca Derry - Nursery and Child Development Center Transfer of CX^iership of Existing Non-Conforming Use Stuart Perry - Revised Proposal - Building Inspector Report Ski Tonka - Second Phase - Conditional Use Permit ^ License - Building Inspector ^rinas - License Status - Building Inspector Report Report i Review Platting Ordinance ' Review Wetlands Dredging and Duck Ponds (Moratorium) Review Park Status (Moratorium) Review McCleary Resolution Review Duck Problem - Suggestions and Recomnendations t \. B. Work Session Items 1. #223 ' I* "f 2. 1224 3. #226 William D. Levering - 275 Willow Drive Subdivision (Preliminary) - Public Hearing Scheduled for , , February 22, 1977, at 7:30 p.m. John H, Honour - 3560 Ivy Place Varimce - Addition to Non-Conforming Lot Willi^on Construction Co. - 3779 Casco Avenue Vacation of unused alley or Variance on Lots 12 and 13 if vacation is denied Agenda Page 2 - February 7, 1977 ‘. 'i. •H Vincent Jolinson - 469 Tonkawa Road Variance - Lot Area and Width Joe Van Bockel - 2800 Shadywood Road Wetlands Variance - Dredge Existing Slip and Riprap Slioreline George Toman (Mr. Schleich) 100 Orono Orchard Road Lot ^arrangement and Variance C. Incomplete Items Steve Wallack (T.M.G. Corp). - 4100 Sixth Avenue N. Subdivision (Preliminary) Harrison Johnston - 925 Willow Drive Cmditiohal Use Permit 6 Variance - Tabled - hforatorium Richard Ledstrom - 3465 Sixth Avenue North Wetlands Variance - Conditional Use Permit - Duck Pond Tabled - Moratoriun COMPLETED IIBIS FOR COUNCIL A. Conpleted Items 1. #218 - Hairy Skarp - 1045 W, Femdale Road Lot Rearrangement - Concurred 2. #201 - James McCleary - 3445 Bayside Road Non-Conforming Use - Concurred 3. #128 - Boeye-Anderson - 500 North Arm Drive Subdivision (Final) - Concurred 4. #212- William Dickey - 2645 Watertown Road Subdivision and Proposed Land Grant - Concurred 5. #120 - James Sidwell - 1375 Park Drive Subdivision - Referred back to Planning Conmission 6. #221 - George Hanson - Big Island Variance - Lot Area ^ Lakeshore Setback - Concurred. . J •v-;.I . ‘-v- ^":r;■ i^-1 ? mi i I •? .5 * • • - S •. .V . ■rwirxsr^ .4-.^ - -j, CITY OF ORONO, MIN^JESOTA REGUL^R PU'NING CO’f’ISSION IIEETING HELD FEBRUARY 7, 1977 # pie Orono Plarming Comndssion met on the above date with the touting Members present: Chairnian Gregg Hannah, Members Gloria ffcDonald, Paul Pesek and Diane Dunlap. Also present was the Zoning Administrator Hank ?tuhich. The Planning Coimission rescheduled tlie next meeting from February 21 1977, to February 22, 1977, at 7:30 p.m. due to the holiday on February 21, aiaiman Ilannali announced that tliis was the time and place for a Public Hearing on the petition of William Gregory street vacation of Brackett Avenue, The Zoning Administrator presented tlie notice of Public Flearine and the Affidavit of Publication, pie Zoning Administrator stated tiiat this application is for street vacation of undeveloped Brackett A.vcnue, This T 'I W .A. ^ ^ ^ ^ A A ^property is nw in use as a street right of way with some king. -------’— ----------------------------- -parking. In order to vacate this land, we should demon­ strate public interest. Mr. ^^lhich stated that he received a letter from the County requesting that a right 5^^way be mainta^ed along County Road 15 - 40 feet from each side of the centerline. The Gregory's were present. They informed the Commission that although they do not own this land they have been paying taxes on it, Gregory's vrere not aware of the property lines until a second survey of their land revealed that they did not own the tiv’o triangles of land noiv in question. % After all the public were heard, the piiblic hearing was closed at 7:45 p.m. Chairman Hannah announced that this was the time and place for a Public Hearing on the petition of Ruth Wear Estates for a siJidivision of property located at 2901 hatertoi^ Road. The Zoning Administrator presented the Notice of Public Hearing and the Affidavit of Publication. The Z(xiing Administrator informed the Commission that this parcel consists of 10 acres. The four proposed lots would all exceed the minimum area requirements, .4ny proposed dwellings could be located to meet the required lot width and setback requirements, ?tr. Q^ch stated that he received a report from the^ ^ .£ A •« , Engineer containing several suggestions and recoimendations regarding drainage. ATTENDANCE - 7:30 P.M. RESaiEDULED MEETING V/ILLIAM GREGORY 1410 SHORJiMN’E DRIITB VACATION - EXTENSION OF BR.^CXETT Al'ENUE (#220) 'V-: mmm RUTH V.'E^R ESTATES 2901 WATERTOhN ROAD SUBDIVISION (PRELIMINARY) (#222) iiinnmittmill MINUTES OF A PLANNING CatUSSICN MEETING HELD FEBRUARY 7, 1977 - PAGE 2 Mr. William Wear and several interested parties were present. Because no coninents were received from the floor, Chairman annah closed the Public Hearing at 8:50 p.m. After a brief discussion, Dunlap moved, McDonald seconded, to recommend approval of the proposed preliminary plat as all four proposed lots and private road would meet mininum zming standards. Approval was reconmended on the condition that the final plat indicate the following as requested by the City Engineer: 1. 2. 3. 4. 5. 6. The northerly 1/4 of the site drains toward Watertown Road and the Southerly 3/4 to the southeast to an existing drainage swale. The street section proposed is 24' wide with a surface of 6" of Class 5 gravel. If this is to be a private road, the section is satisfactory; however, the proposed street does not meet the requirements for a City street. The size of the culvert on Watertown Road should be deteimined by the Public Works Director. Drainage easements as shown on the plans by the Engineer. That 5* utility easements be provided adjacent to the street for future underground telephone, gas and electric service. Subject to a Park Dedication Fee. Motion - Ayes (4), Nays (0). OPlanning Commission continued discussion concerning this street vacation. After some consideration, the Planning Commissicn deteimined that the current status of the property would be of more piiilic interest than vacating. The only public interest throu^ vacation would be added tax revenue. Current status provides parking facilities, the added right of way requested by the County and i^uld eliminate reacquisition of this land by the City to pro­ vide for any future sewer routing. Pesek moved, McDonald seconded, to recommend denial as a vacation here would not be in the public interest. ^k)tion - Ayes (4), Nays (0) Planning Commission then instructed the applicant that it would be their responsibility to remove this property from their taxes. RUTH h’EAR ESTATES (continued) (#222) '#1 U’ “ “ hlLLIAM GREGORY 1410 SHORELINE DRIVE VACATION - BCTENSICN OF BRACKETT AVENUE (#220) Chairman Hannsh announced that the public hearing on the Navarre Area Rezoning would be continued at this time. The following property o\.Tiers were present: Don Ulrick, Garry Nelson, F. Wagner, Margaret Wagner, Dorothy 5 Bill IfcQueen, Sampson Child, V.^. Lahiff, Mr. 5 Mrs. G. L. ^Sohnson, Harold M. Uselmann, Rod MacCharles, Pat McLarty, ^^arren M. Anderson, Ray Peterson, Linnea Peterson, Dorothy E. Olson, Irma G. Olson, Ron Kullberg, hta. Denny, Ted Meyer, Ev Geyen and Stan Johnson. NAVARRE AREA REZa^NG (#192) b ‘^aNlJ^ES OF A PLA>^ING OaMISSIQN MOETING HELD FEBRUARY 7, 1977 - PAGE 3 RUTH WEAR ESTATES (continued) (#222) WILLIAM GREGORY 1410 SHORELINE DRIVE VACATION - E)CrENSICN OF BRACKETT AVENUE (#220) \ WARRE AREA REZmiNG (#192) The Zoning.Administrator explained the proposed zoning changes. He first explained the current status of tlie vacant commercially ^Mned" lot west of the old Keaveny Drug Store now being considered ^l^r rezoning to residential. He infoimed the CcHnnission that the present location of the sewer line running througji the property, along with the easement, would limit any addition to the building to approximately 35*. This 35* is of higher elevation than the westem portion of the lot. With this restriction, the Planning Commission.could consider making no changes in the zoning. The Zoning Administrator also read all the proposed changes in the approved uses and conditional uses to be considered for B-5 as follows: Approved Uses: Arts and school supplies store Banks and insurance companies Baiber and beauty shops Bicycle sales and repair Books, magazines, record shop Garden supplies, florist shop Gift or antique shops Hobby shops, camera and photographic supply stores Jewelry shops and repair Laundromats Locksmith Music, radio, TV appliance sales and rejiair stores Newsstands /T^fice supply store, office machine store '^t shop Pipe and tobacco shops Plumbing, electrical, heating, housacares, furniture, carpet store Postal substation Real estate sales Sewin| center and yard goods Sporting goods store Temporary sales such as Qiristmas tree lots Travel bureau Conditional Use: Tailor shops Dry cleaning and laundry pick-up stations, including incidental pressing and repair Many of the public voiced their concern over the limited use of the commercial property. Mr. Ulrick inquired if a ’’conditional use” went with the land, and he was assured that it did. The Zoning Administrator asked if Mr. Kullberg was present, and if he would like to report on the findings of the Navarre ^^operty oivners concerning their suggestions for approved uses. Sur. Kullberg stated that the Zoning Administrator had never contacted him concerning this. lie then informed the Commission that Mr. McQueen would make a presentation as spokesman for the concerned parties. NAVARRE AREA REZONLNG (continued) (#192) i ■y >nNirres of a planning car assign mheting hfxd FEBRa\RY 7, 1977 - page 4 }tr. ^V:^ueen stated that he had stopi")ed in at the Village office and researched sonie of the previous zoning ordinances. Ordinance approved by the Village Council in 1957 established his Ij^operty and certain other areas as comnercial. In this com­ mercial district, buildings may be used and erected for commer­ cial purposes provided that no buildings may be used for purposes such as (a) dance halls, pool halls, circuses or theaters, (b) sea plane or amphibian base or any facility for tlie operation, maintenance or storage of aircraft, (c) uses or purposes which in relatiort to permitted uses of premises are noxious or offen­ sive by reason of the emission of dust, smoke, gas fumes, vibration or noises. In checking the index of the yellow pages, he found a vast number of businesses listed. I-fost businesses are clean and desirable and an asset to their area. He feels that the number of types of commercial uses hi Orono could be a great one and Orono is trying to restrict this. He has had no problem with his property - no complaints - no petitions to rezone. For the last 17 years, he has paid $21,000 in taxes and specials (water § sewer). He feels he is a good citizen and would not do any­ thing to develop his proj>erty without the interest of the neighboring properties. Three weeks ago, the Planning Commission suggested making some additions to tlie list of permitted and conditional uses. He is not asking for anything other tlian what he already has and is requesting that the zoning remain as is. We do have a comprehensive plan for d uses and development in Orono. NAVARPJ: AREA REZONING (continued) (#192) He went on to say that in 1967 the zoning ordinance was over­ hauled. In this revision, the various classes of residential were defined. Boundaries were also defined. At that time, his property was B-1. In 1975, the zoning was redefined and boundary lines relocated. ?!r. McQueen then stated that the ,proposed B-5 zone would do\\Ti- grade his property. If it was established, he would start legal action, or he would go ahead and build without a nermit and let the City initiate action against him. V^ithin the past t'^o weeks, he talked to other property owners and several other businessmen in the Navarre area concerning this rezoning. Everyone he talked to appears to be disgusted. They have gotten together and pledge a large amount of money to get some legal advice. They will be appearing before the Orono Village Council next rfonday. Nfr. Ulrick felt that the Village has not allowed enough time for the current zoning to take effect. Are we going to be faced with this situation every t\^o years? They would like to get something resolved ncn^. Pon Kullberg inquired as to whether or not there w’as a quorum gjL only four nembers were present. Tlie Zoning Administrator i^lained that Council had agreed to reduce the Planning Commission membership from 9 to 7. There are currently 6 members on the Planning Commission, and Council is in the process of appointing one additional member from tiie list of qualified applicants. MINUltS OF A PLANNING CatflSSION MEETING HELD FEBRUARY 7, 1977 - PAGE 5 After voicing their objections to the limited commercial zoning classification, the Zoning Administrator suggested the group meet d co^ up with some of their own proposals and have Ron Kullberg et with him to discuss the problem before meeting with the 'ouncil. Mr» Kullberg responded that the Zoning Administrator had not fulfilled his obligation of meeting with him after the initial Public Hearing on January 17, 1977. (The direction of the Planning Commission at the hearing of 1-17-77, however, was for the group to meet to agree on some proposed changes and consider appointing Mr. Kullberg as spokesman to arrange to meet with the Zoning Administrator to discuss their concerns so a report could be sent to the Council and Planning Commission members before any upcoming meetings). After all concerned property owners were heard, the public hearing was closed at 8:25 p.m. Chairman Hannah stated that the Ccmmission appreciated the comments from the concerned property owners, and that the Planning Commission understood their intent is to have the area zoned as liberally as possible to be able to sell to the broadest range of types of buyers. He also stated that it wuld be of no benefit to continue the public hearing to another meeting. The Commission would make their recommendation to the Council, and this matter would be discussed at the Council meeting of February 14, 1977. During discussion the Planning Commission indicated some uncertainty due to the lack of review of the matter, but felt a recommendation should be made. They all agreed the zoning should restrict any ^^gh traffic generating uses or any spot zoning. Pesek moved, Dunlap seconded, to recommend the following action: 1. 2. 3. 4. 5. 6. Rezone from B-1 to LR-IB the north 20 feet of the Kelly Avenue Holding Company property just south of the commercial area. Rezone from B-1 to LR-IC the vacant south portion of the Northwestern Bell Telephone property. Rezone from LR-lC-1 to B-5 all property soutii of the County public works facility. Rezone from LR-IC to B-5 the Hart property north of County 15 and east of Navarre Avenue. Rezone frcsn B-1 to B-5 the Kullberg property, G § S Cabinet Shop property, north portion of the McQueen property, and the Wagner property. Rezone from B-4 to B-5 the remaining properties along County Road 15 between G § S Cabinet Shop and Navarre Lane. The Planning Commission recommended the vacant lot west of the Keaveiy Drug Store renain B-1 as currently zoned. The Planning Comnission considered eliminating sporting goods from the approved uses in B-5 due to the high traffic generating potential. a^tion: Ayes - 3 (Hannah, Pesek, Dunlap), Nays - 0, Abstain - 1 (McDonald) NAVARRE AREA REZQNING (continued) (#192) i 4 mm •f. ■5' Mi:>JUl’BS OF A PLANC'jING CartlSSION’ le-TING HRLn FI-BRUMY 7, 1977 - PAGE 6 Chairman llannah advised those in attendance that the Planning Cormiss ion is a recoininending body only and has no final say. Comments from the Planning Coninission and the concerned property ^|Diers v/ill be forwarded to the Council for their meeting on ^^oruary 14, 1977. It is imjiortant that you be there and state your feelings as you have tonight. Ron Killbcrg inquired as to whether the minutes of the meetings concerning the rezoning would be available. The Zoning Administrator informed Mr. Kublbcrg that the Planning Commission would have to approve these minutes first, tfr. Kullberg then requested tliat the Zoning Secretary mail a copy of these minutes to tlie concerned property owners. Dunlap moved, ffcDonald seconded, tiiat the minutes of the January 17, 1977, meeting be approved. Ibtion - Ayes (4), Nays (0). The Zoning Administrator informed tJie Planning Connission tliat Mrs. Gasdi had called and requested that this matter be postponed until the next meeting. ^fcDonald moved, Dunlap seconded, to table this matter until that time. Motion - Ayes (4), Nays (0). JHfie follo\dng were present: Robert Cargill and Ridiard \Jierty, cnsners of Victoria Grain Company; Steve V'ilensky, and Nfr. Brauer, Brauer and Associates; John Lam};)in, developer; and John Hacking, Attorney. The Planning Commission reviewed the revised preliminary plat. There was some concern over the proposed Outlet A, the existing substandard one acre lot, and tiie actual determination of wet­ lands status located within proposed Ix)ts 4 and 5. The Zoning Administrator stated that the Ha soil classification on this plat is the same Ha classification we have considered deducting from the dry buildable area indicated on the T.M.G. subdivision proposal. If this area in Lots 4 and 5 were to be designated as unbuildable, each lot would lack the required minimum 2 acre area. Mer^Der !fcDonald suggested that a conscrv'ation easement be granted over Outlot A to provide tlie necessary 2 acres for an on-site septic system on the existing substandard, adjoining lot. After a lengthy discussion, Pesek moved, Dunlap seconded, to recommend approval of the proposed plat subject to the follow'- ing conditions: 6 Conservation easement over Outlot B wetland area. Conserx^ation casement over Outlot A to provide the necessary 2 acres for the on-site septic system on the existing sub­ standard, adjoining lot. NAVARRE APEA REZONING (continued) (#192) .^PPR0VU OF NTMITES >tBETING JAWRY 17, 1977 ^RS. ROBERT GASCH 1030 TONKAWA ROAD VARIANCE - FENCE SETBACK (STRUCTURE) (#199) VICTORIA GRAIN CaiPANY 500 NORTH ARM DRIi/E SUBDIVISION (PRELEUNARY) REVISED PROPOSAL (#200) MIMm-S OF A PLA\r>JlNTi CaffISSION JECTINf; HELD FEBRUARY 7, 1977 - PAGE 7 3. t 5. Combine Lots 4 and 5 as one building site until the problem o£ determining tlie soil condition and dry buildable area can be resolved. Preliminary approval docs not indicate approval for any dock rights. Siibject to a Park Dedication Fee. 'btion - Ayes (4), Nays (0), If the City determines that the area designated by the Hennepin County Soils Conservation District is Ha soil, this area should not be included in calculating dr)' buildable area of Lots 4 and 5 individually. Each lot will lack the required minimum 2 acre arca. Tliis determination was recently made by the Planning Commission in the case of the Painters Creek subdivision proposal. Hannah moved, Dunlap seconded, to table this matter as applicant has not sii^nitted a revised proposal, ^btion - Ayes (4}, Nays (0). Mr. Birkeland was present. Tlie Zoning Administrator reminded Planning Connission that applicant sul^mitted a request for dredging the 40-50 channel started in 1974 and never completed. Applicant produced plans and drawings submitted to other -^j«?ncies at the time of the previous project. Tlie Planning ^i#nmission revicnced photos recently taken of the area indicating the configuration of the existing channel and location of pro­ posed fill. Zoning Administrator stated that a moratorium has been declared on dredging since this application. Any approval at this time would require a variance to the noratoriiun. Mr, Birkeland stated that he had made his application before the moratorium, 'Fliis project is something that has to he done in the winter time. Commission informed l^r. Birkeland that Council declared this moratorium because of several requests that have been made for dredging in order to develop some guidelines. Tlie Canmission suggested that l!r. Birkeland put a dock in front of his property. Mr. Birkeland felt that this is a man made channel and should be maintained. He has maintained this in order to eliminate any growth of algae and weeds which does not look appealing. After a brief discussion, Fesek moved, Dunlap seconded, to recommend tliat Council lionor the roratorium and table this natter pending a resolution to the moratorium in effect until Jul'" 1, 1977. ?!Otion - Ayes (4), Nays (0), irkeland v.as infonned that this item v.ould be before the 11 on February 14, 1977, and he could request a decision at time. VICTORIA GRMN CaiPANY (continued) (#200) 'I V, ... JACK RHODE 1410 BaiNS POINT ROAD VARIANCE - LOT AREA 5 WIDTO CONDITIONAL USE PEPMIT (#210) ROBERT BJT"'i • 1298 WILDHUiv.; iPAIL VFETIANDS I'ARIANCE - DREDGING PI:RMIT (#217) r Mrwns OF A riA\NDri a>nissio>j Mi*unNG ield February 7, 1977 - page b Mr. Dave N^ynan, Attorney, representing ^^r. Peterson presented a report by his Associate, Douglas Klint, regarding applicant ’s "position concerning variance proposal.€e Zoning Administrator explained request as submitted which included four variances. Also noted that applicant had indi­ cated he v/ould move the proposed house location if necessary to meet the lakeshore setback requiranent. Ifore engineering data and sprveys would be necessary to confirm this, however. Tract V, a vacant parcel, directly northwest of the subject lot, is currently oivned by the State of Minnesota due to tax forfeiture. Any proposed structure on Tract V would not meet setback requirements. A combination of these two parcels would eliminate the current problem of tivo adjoining siibstandard lots. Dunlap moved, Pesek seconded, to recommend denial of the variances because the travelled road currently located within the lot lines of lot 184 deducts from the total buildable area of tliis lot and additional land is available. ?btion - Ayes (4), Nays (0). The Zoning Administrator informed the Planning Ccsmmission that Council has approved this siibdivisionj however, after reviewing reports received from Staff concerning the sewer status, the Cojmcil suggested tiiis application return to the Planning ^%rmission for their reconsideration based on the new evidence Resented. Original application made 2-3 years ago indicated two sewer charges were assessed to the property (this statement w^ noted and signed on the application by Ifr. Sidwell). ^finutes of the 6-8-76 meeting also indicate payment of t^vo sewer charges as one of the hardships demonstrated by ^tr. Sidwell. SiAvell and his attorney were present. It is their feeling that they made every effort to comply as required and have relied on the action of the Planning COTmission and Council. The mistake was found after final approval. To deny on this technicality would be unfair as information on the assessment was received from the City. Tliey have since gone through the expense of preparing mylars and hardshells and have sold the property as t^vo separate parcels. Chairman Hannah stated that the Commission recognized their problem; ho»vever, it is the feeling of the Planning Commission that there is no guarantee on anything until the mylars and hardshells are signed and a resolution adopted. After some discussion IXmlap moved to deny this final sub­ division because it is a new subdivision and does not meet lOai of tiie ordinance. Tlie motiai failed for lack of a ►nd.W CiARY PFi'ERSEN 3545 IVY PLACE VARIANCE - LOT AREA § wimn RI(3fT OF WAY AND LAKES’DRE SETb.'VCK (#219) vl I ♦ JAES SmVELL 1375 PARK DRIVE REVIBV PREVIOUS PROPOSAL (#120) M -•'■/a r ■ IIINUTES OF A PLANNING Cat^aSSICN ftBETING HELD FEBRUARY 7, 1977 - PA($ 9 infoTOd the Planning Commission and Mr. Sidwell steuW the Sidwell-s concerning payment of the sewer "IdviM^* *’® ""Ptoved- He was instructed to”** St^ell that the sewer assessment would not be $1,495 00 to the same rate as the smer<iss6ssmcnte for tihc 73-1 project# pifilSfltSl ironing Adninistrator infonned the Planning Commission that applicant is requesting a rene\ifal of the original conditional use permit approved by Council on August 25, 1975. Current application indicates the proposed use as an educational Jacility and program for the developmental delayed. Sketch indicates a proposed parking area and driveway located on the ^urch property with access from the church parking lot eliminating excessive use of the private access road. ^ Planning Conmission agreed that extended driveway and walkway improv^nt to previous proposal which limited access thwu^ private road only. The Comnission showed some concern Witt proposed expended education facility in parsonage in ^psiiential area. ^ ^ I)wlap moved, Pesek seconded, to recommend approval subject to lijniting use of private access road to eirergency and delivery ^ *»/ehicles only, fbtion - Ayes (4), Nays (0)7 ^ i Derry's were present. They are considering purchasing this property and cemtinuing the sane use. They infoimed the CommssicAi that this facility has been State licensed for the j hai^ “S diarge of the nunter ofchildred involved. ® brief discussion, Hannah moved, Dunlap seconded, to reconinend approval on the basis that any expansion to the oirrmt facility wuld have to be brought to the attention of the Planning Conmission and Council through application of a conditional use permit, ffotion - Ayes (4), Nays (0). Perry was present. The Planning Commission examined photos and s^le of stone he provided. Commission discussed situatim and considered Mr. Perry’s suggested addition of a mortared stone facing covering the bottom tivo ties of the seawall. JAMES SIDIVELL (continued) (#120) er#i SHEPHERD PARSON­ AGE 2466 DUNIVOODY AVENUE GONDITia^ USE PERMITI ANNUAL REVIEW (#225) REBECCA DERRY 3580 WATERTOWN ROAD NURSERY AND OIILD DEVELOPMENT CENIER TRANSFER OF a^RSHIP OF EXISTING .NON­ CONFORMING USE t STB^ART PERRY 2975 CASCO POINT ROAD REVISED PROPOSAL (#131) MKiTrnS OF A PIA'tlING OffitlSSION’ MEETING HELD FEDn^^Ry 7, 1977 - PAGE 10 # CM! effective height, ^fotlon - Ayes (4), Nays (0). 1. 2. 3. * ‘ 6. IS avail^le and there has been no subnission of Pliase II. revieived the status of the narina licenses. Aftei a brief discussion, the Planning Conmission made the follow- ing recomendations concerning tlie Narina Licenses i j^gX^ata Yacht Club - Approval of the joint dock use license as submitted. ^fo>HgPj^er*s .Association - Approval of the joint dock use license as submitted. Minnetonka Boat V/orks - Preparation of a resolution for reneival of the marina license subject to the follcnvinv conditions: ^ a. Installation of 6 new trees for screening between Brown's Bay and the marina building. b. Nopnal replacement of all existing trees and shrubs which are diseased, dying or dead (including replace­ ment for those trees removed in 1976). St_ar Marina - Preparation of a resolution for renewal o. the marina license subject to the following conditions: a. Completion in 1977 of curbing, access control, and green areas in front of the main building. This work should be done with the permission and cooperation of the County, but must be initiated by the marina, ^ferral of the west side green area buffer to allow full devotion to the front area. Increased efforts to control employee parking and boat storage in the front setback area. Stubbs Bay ffarina - Preparation of a resolution for renewal of the marina license subject to the follovdng conditions: a. Immediate removal of the hazardous structure and debris remaking from the recent fire. Possible future^readjustment of green areas and screening requirements which may be necessary because of the pro- posed building design. Determination to be made concurrent with the building plan review, •formal replacement of all existing trees and shrubs which are diseased, dying or dead. •jpjth ^ore^him 76 - Preparation of a resolution for renewal of the marina license subject to the following conditions: a. Conmletion in 1977 of the green areas and curbing along Tonkawa Road as originally shol^n on the 1975 plan. b. Completion in 1978 of tlie green area and planting in the northeast comer as originally sha^?n on the 1975 plan. This may resolve, or require resolution, of the drainage problem in tiiis area. c. Normal replacement of all existing trees and shrubs v.iiich are diseased, dying, or dead. b. c. b. c. STEIVART PERRY (continued) (#131) SKI TOMKA m V MAP.IN.AS - LICKIJSE STATUS Hy IHNUTES OF A PLAN^HNO CO‘r>TlSSia\’ ^CETING HELD FEBRILARY 7, 1977 - PAGE 11 7. b. c. d. e. 8 “ Preparation of a resolution for rene\val of the marina license subject to the follw^dng conditions: a. Installation of two new trees and a green area north of the sales building as proposed for 1977. Removal of the hardcover north of the sales building (as an already agreed condition for the variance granted at 1442 Shoreline Drive). Development in 1977 or 1978 of a new 10 ft. wide green area with possible trees and shrubs to be located between the parking area and Broim’s Bay north of the storage building. Nopal replacement of all existing trees and shrubs which are diseased, dying or dead. Continued observance of the parking and storage ban on the right of way in front of the sales building. Paul Vs_ Landing - Preparation of a resolution for renewal of the marina license subject to the following conditions: a. Dispntinuance of the Central Avenue property for any marina boat storage, especially now that the T'aple Plain service center is open. b. Removal of the sandwich unit because it is an iffiauthorized conditional use in tlie B-2 zone. c. Redesignatip of tlie original green area northeast of the shop building as a summer storage area (as so used in 1976). d. Maintenance of all other green areas without sunner storage oicroacliment. e. Maintenance, replacement or removal of the fence along the south side of tJie property. f. Normal replacement of all existing trees and shiubs which are diseased, dying or dead. 9. Minnetonka Power Souadron - Approval of the joint dock use license as submitted. O Planning Couniission reviewed material and rerorts concerning the feeding and harboring of ducks. After a brief discussion, IfcDonald moved, Pesek seconded, to recommend tliat Council enact the nuisance ordinance and prohibit the feeding of ducks on open water and request that the bubblers be removed from the water. Ifotion - Ayes (4), Nays (0). Mr. Honour was present. The proposal consists of extending second floor roof line over existing single story portion of house toward the road and a 8* x 16' enclosed addition to the rear. Although the pcond story addition is located only 65' from the shoreline, it would not add to the presenthardcover. Hie 8' X 16' addition exceeds the required 75' lakcshore set­ back requirement. He stated the addition v^ould not imnair the vision of the neighbors. After a brief discussion, TXmlap moved, Pesek seconded, to TCcommend approval of the lot variances and addition to a il^conforming structure on the condition that the applicant osfain a letter of no objection to the proposal from the adjoining neighbors. h MARINAS - LICENSE STATUS DUCK PROBLEf jaiN H. HONajR 3560 I\T PLACE VARIANCE - ADDITIQN TO NaN-C0NP0R*lING LOT 1 i; i 1 i \ M MINUniS OF A VIKTAVAG COMISSION MEETING ID3LD FEBimRY 7, 1977 - PAG13 12 h Justifications: 1. Preplatted lot. Proposed addition does not add to hardcover lijnitations. All other setback requirenents would be met. >fotion - Ayes (4), Nays (0). Tbe Zoning* Administrator informed the Planning Commission that applicant is requesting a lot area and width variance for proposed dwelling. Proposed location would meet all setback requirements. Applicant has agreed to coiii)ine Lots 1, 2, 15 and 16 as one parcel if variance is approved. Applicant has reversed the house plan in order to locate the driveway further toward the south to improve the problem of sight distance. After a brief discussion, Pesek moved, Dunlap seconded, to recommend approval subject to the follo\d.ng conditions: Combination of all 4 lots. Ne\^ structure to include garage to eliminate any problem with garage location in the future. Proposed structure meet all setback requirements. Reversing house plan to provide greater sight distance from driveway access along County Road #135 (locate drive\\’ay access as close as possible to south property line). Submit topography map mth existing and proposed elevations. Submit drainage plan agreeable to County public v/orks department. 7. County approval of driveway access. Justifications: 1. Combined parcel similar in size to contiguous properties. 2. Four parcels combined ha\^ been assessed wie cormlete sewer assessment. Ifotion - Ayes (4) , Nays. (0). JOHN H. imOUR (continued) (#224) VING^NTT jaNSON 469 T0:RCM^A ROAD VARIANCE - LOT AREA § mDTH (#228) ■•if.: Subject slip already exists on the property ^d is currently covered by a boathouse badly in need of repair. After con­ sulting with the Zoning Adiinistrator, applicant siibmitted application consisting of the removal of existing boathouse and metal retaining wall and dredging of tiie silt which has erroded into the existing slip. Tlie proposal includes replacing the metal retaining wall with ninimum 12” rock riprap to coimilete existing riprap along shoreline of his property. Existing boathouse would be replaced v/ith a metal pipe and canvas boat cover. JOE VAN BOCICEL 2800 S!l\DYK00D ROAD V/ETI.A'JDS VARIANCE DREDGE EXISTING SLIP AND RIPR.\P SIIORELINR: (#229) f Ti^M W ‘ -M JtlNirn’^ OF A PIA'n SL'n IG OaniSSION r.fl;ETING HELD FTiBRII.-W 7, 1977 - PAGE 13 m After a brief discussion, Pesek Moved, Dunlap seconded, to reconuTiend approval of completing riprap and construction of ipe and canvas boat shelter as proposal would be improvement to existing sheet metal retaining wall and boathouse and would eliminate shoreline hardcover. ?fotion - Ayes (4), Nays (0). Planning Commission did not approve dredging. The Zoning Administrator presented this application to tiie Planning Commission. Mr. Pennington has been having problems with erosion in this area, and is therefore requesting approval of conpleting the riprap on the east shoreline. All but 100* of tlie total 465’ on the east shoreline is already protected with riprap. After a brief discussion, Pesek moved, Dunlap seconded, to recommend approval subject to approval of the Village Engineer. a Mr. Schleich is requesting approval of final plat w'liich was never submitted proj^erly at the time of tlie original application in June of 1975, by George Toman. The necessary niylar and hardshells have been submitted. The dimensions indicated on tlie final plat coincide with fhose on the proposed preliminary plat. Mr. Schleich s also requesting a lot area and width variance for his proposed addition. After a brief discussion, Pesek moved, Dunlap seconded, to recommend approval of final lot rearrangement plan subject to the combination of Lots 61 and 62. Also recommended approval of variances for proposed addition subject to recording final plats. Justifications: iio other land available. Motion - Ayes (4), Nays (0). Pesek moved, Dunlap seconded, that the meeting be adjourned at 12:45 p.m. O JOE VAN BOCKEL (continued) (#229) ALLAN PENNINCTTON 1991 EAGERNESS POINT Ra\D RIPR4P (#230) GEORGE TOMAN (PAUL SaiLEIOI) 100 ORONO OROIARD RO.AD LOT RE.ALRANGEMENT A© VARIANCE (#21) adjoup :c.{ent - 12:45 p.m. MJN ’im-S OF A PIA\NING CHMISSION ^KETING IKLD FEBRUARY 7, 1977 - PAGE 13 After a brief discussion, Pesek noved, Dunlap seconded, to recommend approval of completing riprap and constniction of ^|lpe and canvas boat shelter as proposal would be improvement existing sheet metal retaining wall and boathouse and would eliminate shoreline hardcover. Jfotion - Ayes (4), Nays (0). Planning Commission did not approve dredging. The Zoning Administrator presented this application to tiie Planning Commission. Mr. Pennington has been having problems with erosion in this area, and is therefore requesting approval of conpleting tlie riprap on the east shoreline. All but 100' of the total 465* on the east shoreline is already protected with riprap. After a brief discussion, Pesek moved, Dunlap seconded, to recommend approval subject to approval of the Village Engineer. Ifotion - Ayes (4), Nays (0). ^!r. Schleich is requesting approval of final plat which was never submitted properly at the time of the original application in June of 1975, by George Toman. Hie necessary mylar and hardshells have been submitted. The dimensions indicated cn the final plat coincide with /Abose on the proposed preliminary plat. Mr. Sdileich 'sj also requesting a lot area and width variance for his proposed addition. After a brief discussion, Pesek moved, Dunlap seconded, to recommend approval of final lot rearrangement plan subject to the combination of Lots 61 and 62. Also recommended approval of variances for proposed addition subject to recording final plats. Justifications: no other land available, hfotion - Ayes (4), Nays (0). Pesek moved, Dunlap seconded, that the meeting be adjourned at 12:45 p.m. O JOE VAN BOCKEL (continued) (#229) AI.LAN PENNINGTON 1991 FAGKR\T-SS POINT ROAD RIPR4P (#230) GEORGE TOMAN (PAUL SOILEiai) 100 ORONO ORGi™ R0.4D LOT REARRANGEMENT AND jd\ VARIANCE (#21) i adjour :>^ient - 12:45 p.m.