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HomeMy WebLinkAbout02-22-1977 Planning MinutesAGENDA PIANI^ING COMMISSION MEETING OF FEBRUARY 22, 1977 ORONO CITY HALL - 7:30 P.M. I. CURREOT IT0S A. Action Items 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. - 11. 12. 13. 14. Call to Order #223 - Public Hearing - 7:30 p.m. William D. Levering - 275 Willow Drive Sijbdivision (Preliminary) Minutes of Regular ^feeting of February 7, 1977 #199 - Mrs. Robert Gasch - 1030 Tonkawa Road Variance - Fence Setback (Structure) #200 - Victoria Grain Con^any - 500 North Arm Drive Subdivision (Preliminary) - Revised Plan #210 - Jack Rhode - 1410 Bohns Point Road Variance - Lot Area and Width - Conditional Use Permit #131 - Stewart Perry - 2975 Casco Point Road (Revised Plan) ? Ski Tonka - Conditional Use Permit - Second Phase #226 - Williamson Construction Co. - 3779 Casco Avenue Vacation of unused alley or variance on Lots 12 and 13 if vacation is denied #231 - Kermit LaQuey - 190 Cygnet Place Lot Area and Width Variance Renewal Review Platting Ordinance Review Wetland Dredging and Duck Ponds (Moratorium) Review ?4cCleaiy Resolution Review Park Status (Nforatorium) B. Work Session Items I 1. 2. 3. 4. #232 #233 #234 #235 J. K. Bowers - 2905 Casco Point Road Variance and Riprap Robert Nelson - 4108 Higjiwood Road Riprap Stubbs Bay Nbrina - 3445 Bayside Road Construction Proposal - Site and Elevati^ Plans North Shore liarina - 3222 North Shore Drive 1977 License Application Review J W'- 'v- I- ■V: VV'. ■ri Agenda - Febmaiy 22, 1977 Pape 2 C. Incomplete Items 1. 2. 3. #188 #202 #209 Steve Wallack (T.M.G. Corp.) - 4100 Sixth Avenue N. Subdivision (Preliminary) Harrison Johnston - 925 Willow Drive Conditional Use Permit ^ Variance - Tabled - Moratorium Richard Ledstrom - 3465 Sixth Avenue North Wetlands Variance - Conditional Use Permit - Duck Pond Tabled - Moratoriun 4, #217 - Robert Birkeland - 1298 Wildhurst Trail Wetlands Variance - Dredging Permit - Deferred (Nforatorium) II. C0MPI£TED ITEMS FOR COUNCIL A. Ccm^leted Items 1. 2. G 3. 4. 5 6 7 8 9 10 11 12 13, #220 - William Gregory - 1410 Shoreline Drive Vacation - Extension of Brackett Avenue - Council Tabled Per Applicant’s Request #222 - Ruth Wear Estates - 2901 IVatertown Road Subdivision (Preliminary) - Concurred #192 - Navarre Area Rezoning - Tabled For More Study #219 - Gary Peterson - 3545 Ivy Place Variance - Lot Area § Width - Right of V/ay and Lakeshore Setback - Concurred - Suggested Investigating Adjacent Lot #120 - James Sidivell - 1375 Park Drive Review Previous Proposal - Approved #225 - Good Shepherd Parsonage - 2466 Dunwoody Avenue Conditional Use Permit - Annual Review - Concurred #227 - Rebecca Derry - Nursery and Child Development Center Transfer of CXmership of Existing Non-Conforming Use - Concurred IXick Problem - 3908 Cherry Avenue and 1972 Shadywood Road - Enforce Present Ordinances #224 - John II. Honour - 3560 Ivy Place Variance - Addition to Non-Confoiming Lot - Concurred #228 - Vincent Johnson - 469 Tonkawa Road Variance - Lot Area and Width - Concurred #229 - Joe Van Bockel - 2800 Shadywood Road Wetlands Variance - Dredge Existing Slip § Riprap Shoreline - Concurred #21 - George Toman (Paul Schleich) - 100 Orono Ordiard Road Lot Rearrangement and Variance - Concurred #230 - Allan Pennington - 1991 Page mess Point Road Riprap - Concurred L 0>cm OF ORONO, MINNESOTA REOJLAR PLANNING COMMISSION MEETING HELD FEBRUARY 22, 1977 mie Orono Planning Comnission net on the above date with the following meiii>eTS present: Chaiman Gregg Hannah, Msiii>ers Gloria McDonald, John Guthrie, Paul Pesek, and Dick Hassel. Also present were Hank Muhich, Zoning Administrator, mid Mayor Brad Van Nest. Acting Qiairman Pesek announced that this was the tine and place for a Pi4>lic Hearing on the petition of Vttlliam D. levering for a subdivision of property located at 275 Willow Drive. The Zoning Administrator presented the Notice of Public Hearing and the Affidavit of Publication. The Zoning Administrator informed the Comnission that Mr. Levering is proposing to subdivide this land into nine lots includmg a private road and cul-de*sac. He informed the Comnission that the soils map and report he received from the Hennepin County Soils Conservation District indicates that the Gc soils in the northeast comer of the property concurs with our wetlands map. He also pointed out that the controversial Ha soil is also indi­ cated on this map. Ihe Zoning Adninistrator once again expressed his concern over classifying Ha soil as dry buildable. Reports from the Hennepin County Soils Conservation District reveal that this soil is not i^*suitable for on-site septic systems. The Zoning Admin- ^Ostrator stated that he had contacted Mr. Jim Anderson of the Soils Conservation District and hopes that he will be able to attend the next meeting to define this Ha soil. The Zoning Administrator also pointed out that the pro­ posed access onto Willow Drive is only 251 feet north of the existing Elm Lane access. He suggested that ^s access be relocated due to the number of access roads already onto .billow Drive. One alternative would be to line iq> tiie proposed access with tiie existing Glendale Drive located across Willow Drive. The Zoning Adninistra- tor indicated that the Levering plat shows a 50 ft. wide private road. This access road should be 60 ft. Mr. Levering was present. He brought forth s<xne pictures for the Planning Connission to study. He stated that he does agree with the wetlands areas and would be willing to eliminate one lot if necessary. He would also be willing to relocate the access road to line 14) with the existing Glendale Drive. Ron Miller, Don Mendelson, Jim Dillman and several other neighbors in attendance were extremely concerned over ^jpssible future drainage problems. They infonned the (rjnnmission that the northeast comer of the property was ^ften flooded. Water was known to have flooded over Willow Drive before it was improved and revised. ATTENDANT - 7:30 P.M. WILLjlAM D. 1£VERING 275 WILLOW DRIVE SUBDIVISION (PRELIMINARY) (#223) 1 I A Jl 30 P,M. iRINGm tELININARY) OF A PLANNING COMISSION MEETING HELD FEBRUARY 22, 1977 - PAGE 2 Orville Osgood, representing his father, expressed his con­ cern regarding the proposed subdivision. Some of these concerns were:(l) agricultural land that i^uld be destroyed, destruction of small wildlife preserve, (3) an environ- ^^tal impact stu^ be conducted. He hates to see all this go to waste just because of this development. He suggested 5 acre hobby farms as an alternative. After all the concerned public were heard, the public hearing was closed at 8:20 p.m. Chairman Hannah thanked the residents for their comnents. He assured them that the Planning Comnission was also concerned about the runoff and would make certain that the lots would support an on-site septic system. There are no plans for sewer in this area at this time. The Planning Conoassion is also concerned about the wildlife. All these items will be taken into consideration vdien making their recomnendatian. After some discussion, Pesek moved, Guthrie seconded, to table this matter and requested the applicant submit a revised pro­ posal indicating the following: Exclude the area in the northeast comer from the dry buildable area. Give to the City an open-space conservation easement over wetlands. Access road to be 60 ft. wide rather than 50 ft. with underlying easement to the City. Easement to ccHitinue due west from cul-de-sac to west property line of plat for possible future access to land to the west. Sanitary, water, telephone, gas and electric easements along private road and Willow Drive. Private road (no development agreement or bond needed). Developer to provide title opinion of property addressed to the City. (8) Drainage plans indicating drainage easements (to be approved by City Engineer and Public Works Director. (9) Drainage calculations to verify culvert sizes. (10) Direct drainage with swails rather than culverts idierever possible. (11) Relocate access road to property directly across from Glendale Drive. (12) Indicate dry buildable areas of each lot. (13) Park Dedication Fee as it would apply. (14) No indication was made that the area designated as Ha soil ^ould be excluded from the dry buildable area. (5) Motion - Ayes (5), Nays (0). WILLIAM D. LEVERING (continued) (#223) "A: 1 ;H u S- ':. ■' tM .* ^Nirres OF A PLANNING CX^iUSSIOI MEETING HELD FEBRUARY 22, 1977 - PAGE 4 I i Mr. Bonner reminded the Planning Canmission that they recomnended approval of Phase II subject to a safety |rf||port. A qualified engineer has made his investiga* ^Hon and a report will be prepared by the time of the Council meeting of February 28, 1977. The Planning Conmission conveyed to Mr. Bonner their unhappiness with the progress and past problems result­ ing from the lack of the applicant complying with code and licensing procedures. Mr. Bonner felt that there has been a substantial break­ down between the Council and his client. This is some­ thing that can happen, and that they have nothing to hide. The Planning Comnission felt they should not consider increasing the size of Ski Tonka at this time until we can find out if present operation can exist. Any increase in a Conditional Use Permit increases the operation. Ski Tonka has not been able to prove that the present facility can operate within the law. A leng^y discussion followed. The Planning Comnissian determined that the conditional use permit application filed by Ski Tonka had expired. They also felt the application w^ void as the owners had not lived iq> the conditions set forth on the ccxiceptual approval mer never submitted safety inspector’s report). Pesdc moved, Guthrie seconded, to reconmend that a new application for a Conditional Use Permit be sub­ mitted on the basis that the old one was never taken advantage of. Conditions of conceptual approval were never met. Motion - Ayes (5), Nays (0). ^[iplicant was ^ instructed to submit another current application with the necessary plans and reports. Another fee would be required with the new application. The Zoning Administrator informed the Comnission that original request was for vacation of platted alley idiich lies between his three lots and to conbine Lots 11, 12 and 13 along with the vacated alley to create a parcel lai^e enoq^ to meet our minimum zoning requirements of 1/2 acre. ^>plleant is now requesting to change applica­ tion for a variance only to use Lot 12 and 13 as a build­ ing site. The Planning Comnission felt that a cemservation easement on Lot 11 should be granted to the City. Mr. Bill Ecoff, i^resenting Williamson Construction, was present. He he would be willing to grant this easement to SKI TONKA (continued) '1 I tj' ji WILLIAMSON CCNSTRUCTICN CO. 3779 CASCO AVENUE VACATION OF UNUSED ALLEY (M VARIANCE ON LOTS 12 AND 13 IF VACATION IS DENIED (#226) I CTICN CO. I ALLEY S 12 IS DENIED r MINIITES OF A PLANNING COMISSIC»j MEETING HELD FEBRUARY 22, 1977 - PAGE seconded, to recommendg|proval of lot area variance on the conditions that no other «riance be granted for constniction of a dwelling and garage, a ccnsei^atiOT easement over Lot 11 be granted to the City, aAd the conbination of Lots 12 and 13. Justifications - property is sewered, ttere is no other land available and vacating alley would not be in the public interest. Motion - Ayes (5), Nays (0). TTie Zoning Administrator explained that applicant is request- approval for renewal of a lot area and width variance. ^royal was obtained two years ago and renewed one year ago. This IS a preplatted lot. No other land is available. After a brief discussion, Guthrie moved, Hassel seconded, to ^^omnend approval to continue the variance for one year. Motion - Ayes (5), Nays (0). ^ I^e Zoning Administrator submitted final plat. Final plat is the same as the preliminary. Subdivision consists of eiidit 2-acre parcels with a private road. Hann^ moved, Pesek seconded, to reccmimend suproval of the final mylar subject to the following; Drainage plan and easements approved by City Engineer, a) ^roval of City Attorney. T3) Park Dedication Fee. (4) Underlying easement on road. (5) Utility easement along road. Motion - Ayes (5), Nays (0). The Planning Comnission took action on the following work session items. Mr. Bowers was present and submitted plan to the Planning Commission. He is requesting approval to repair an existing concrete retaining wall with untreated wood ties. This wall IS less than 75* from the shoreline so a variance is nece^ary. Riprap request would be a continuation of the neig^or's shoreline riprap. The Planning Commission was concerned about the existing concrete slab and suggested that the applicant have it if®®®ved, ^Mr. Bowers stated that he would be willing to remove this slab if the work involved is not too expensive After a brief discussion, Guthrie moved, Pesek seconded, to jrwoninend approval of replacing existing concrete retaining /^!yi with untreated wood ties and requested that applicant cw^der removing concrete slab. Also recommended approval request subject to approval of the City Engineer and applicant obtaining approval of all other agencies as required. Motion - Ayes (5), Nays (0). WILLIAMSON CONSTRUCTION (continued) (#226) f1 KERMIT LaQUEY 190 CYGNET PLACE LOT AREA 6 WmiH VARIANCE RENEWAL (#231) i VAN EECKHOUT BUILDING OORPORATK*^ 400 OLD CRYSTAL BAY ROAD SUBDIVISION (FINAL) (#176) J. K. BOWERS 2905 CASCO POINT ROAD VARIANCE AND RIPRAP (#232) TRUCriCN ■’i J [LDING BAY ROM) i| lAL) ROAD RAP II m ^ MINUTES OF A PLANNING CawISSION MEETING HELD FEBRUARY 22, 1977 - PAGE 6 The Planning Commission reviewed Mr. Nelson’s plan requesting approval to riprap his 100* of shoreline. After some dis- HjKsion, Pesek moved, Qithrie seconded, to recomnend approval "^W)ject to the approval of the City Engineer and applicant obtaining approval of all other agencies as required. Motion - Ayes (5), Nays (0). Mr. McCleary was present. He submitted a revised site plan relocating the structure to meet the necessary 50* street setback. Mr. McCleary is requesting approval of a structure for purposes of dry storage of boats. Facilities would also provide a service function along with the sale of gas. All existing buildings on the property will be removed prior to construction. The Planning Commission was very concerned about the proposed stora|^> of an additional 108 boats inside the building. They felt It would have a great effect on lake traffic and consid­ eration should be given to the possible effects this could have on excess boat traffic. Mr. McCleary informed the CommissicMi that the maximum percentage of boats on the lake at any one time was approximately 201. Ihe Planning Commission noted that although the building does meet the required 75* lakeshore setback, it exceeds the :inum 25% hardcover in zone 2 (from 75* to 250* from shore- le). The Coimiissim suggested that applicant reduce build­ ing size to comply with code. Mr. McCleary was quite upset. Applicant was also informed that the exposed metal surfaces of the structure would require some contrasting material to meet the code. The Planning Commission stated that this proposed usage is something that we haven’t addressed in our standards. The suggestion was made that a public hearing be held to deter­ mine the reaction of the surrounding neighbors. After some discission, McDonald moved, Hassel seconded, to schedule a public hearing and to notify all property oilers within 300 feet of the subject property and as many as possible along the shoreline of Stubbs Bay. Motion; Ayes - 3 Olannah, McDonald, Hassel), Nays - 1 (Pesek). Abstain - 1 (Guthrie). ROBERT NELSON 4108 HIOiWOOD ROAD RIPRAP (#233) STUBBS BAY MARINA 3445 BAYSIffi ROAD OaNSTRUCTION PROPOSAL SITE AND EI^ATICN PLANS (#234) i?.- -v * i The Planning Commission went into a work session on North Shore Marina.NORTH SHORE MARINA 3222 NORTH SHORE DRIVE 1977 LICENSE APPLICATION REVIEW (#235) 1 L I OSAL N PLANS k DRIVE ICATION MINUTES OF A PLANNING OX^MISSION MEETING HELD FEBRUARY 22, 1977 - PAGE Mayor Nest infonned the Planning Coiimssion that Council ^3^ considering holding a joint work session on the third ^■Hiursday of every month to discuss policy. After a brief discussion, the members of the Planning Commission agreed to this joint work session and would be willing to attend. The Planning Commission gave a warm welcome to newly appointed meirber Dick Hassel and expressed that they were looking forward to working with him. Pesek moved, Guthrie seconded, that the meeting be adjourned at 11:15 p.m. JOINT WORK SESSICW ADJOURNMENT - 11:15 P.M.