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04-04-1977 Planning Minutes
*%• • • ■ J ^;m|||||H U; •• i*^.- o 0 s Jh ■ ■ . / .• AGENDA i' • ■ :■■ >. , =' PLANT^ING COWISSION KCETING OF APRIL 4, 1977 COUNCIL aiAMBERS - 7:30 P.M. 1. CURRENT ITEMS A. Action Items 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Call to Order Minutes of Regular Meeting of March 21, 1977 f210 - Jack Rhode - 1410 Bohns Print Road Variance - Lot Area 6 Width - Conditional Use Permit Ski Tonka - Conditional Use Permit (Second Phase) Revised Proposal - Require Application 1235 - North Shore Marina - 3222 North Shore Drive 1977 License Application Review #200 - Victoria Grain Company - 500 North Arm Drive Dock Location and Dredging (If engineering data is submitted) #237 - William Odden - 3450 North Shore Drive Lot Area 8 Width Variance - Proposed Addition to Dwelling on Non-Conforming Let #238 - Warren Ortenblad - 1865 Shadywood Road Variance - Lot Width #241 - Lou Warden - 140 Cygnet Place Variance - Lot Area and Width #242 - North Star Marina - 3324 North Shore Drive Conditicnal Use Permit and Riprap (If engineering data is submitted) #182 - Ed Lehman - 3525 Shoreline Drive Subdivision (Final Plat i^jproval) Review Platting Ordinance Review Wetlands Dredging and Duck Pends (Moratorium) Review Part Status (Moratorium) teview Uses in 5-Acre Residential Zones - Veterinarian 8 Dog Boarding Harold Anderson - 4665 Bayside Road * * 1974 Si&division (?) B. Woxic Session Items 1. #243 - James Kallestad - 140 S. Boiwn Road Subdivision (Preliminary) - Public Hearing Scheduled for April 18, 1977, at 7:45 p.m. • Qiarles Phil - 2605 North Shore Drive Riprap Walters Port Improvement 8 Maintenance Assoc. - Walters Port Lagoon Dredge - Seawall and Riprap 2. #244 3. #245 -<r Agenda - April 4, 1977 2 B. l^rk Session Items (continued) 4. 5. 6. 7. 1246 - Richard Brenstedt - 2675 Shadywood Road Subdivision (Preliminary) Public Hearing Scheduled for May 2, 1977, at 7:30 p.m. #247 - Hennepin County Vo-Tech - 2940 Sixth Avenue N. Conditional Use Permit For Crop Program - Renewal , #248 - Gayle‘s Marina - 3366 North Sliore Drive Building Plan Approval - 1977 License Also Review and Conment - Site, Traffic and Environmental Reports on future ?'1edina Vo-Tech School Proposal / 1 I < C. Incomplete Items i n- * f 2. ©4. 1. #188 - Steve Wallack (T.M.G. Corp.) - 4100 Sixth Avenue N. Subdivision (Preliminary) #202 - liarrison Johnston - 925 Willoii^ Drive Conditional Use Permit 5 Variance - Tabled - Iforatorium 3. #209 - Richard Ledstrom - 3465 Sixth Avenue North Wetlands Variance - Conditional Use Permit - Duck Pond #217 - Robert Birkeland - 1298 Wildhurst Trail Wetlands Variance - Dredging Permit - Deferred - Moratorium 5. #200 - Victoria Grain Company - 500 North Aim Drive Dock Location, Dredging and Outlets 6. Wayzata Countiy Cli±> Duplex Complex Last time on agenda unless applicant submits necessary application and infoimation necessary. #239 - R. Bruce Kobs - 2732 Caroline Avenue Subdivision (Preliminary) Public Hearing Scheduled for April 18, 1977, at 7:30 P.M. \ II. COMPLETED ITB6 FOR COUNCIL A. Completed Items 1. 2. 3. 4. L— A s. 6. 7. #220 - William Gregoiy - 1410 Shoreline Drive Vacation - Extension of Brackett Avenue - Tabled #192 - Navarre Area Rezoning - Rezoned with Revisions #223 - William D. Levering - 275 Willow Drive Subdivision (Preliminary) Revised - Concurred #236 - M. Kathi Ellis - 3740 Wayzata Boulevard - Conditional Use Peimit Dog Kennel (Animal Units in Residential Zone) - Concurred, but review ordinance James Hawley (Stan Barton) - Big Island - Review 1974 Approval as ftiilding Site - Concurred #199 - Mrs. Robert Gasch - 1030 Tonkawa Road - Variance Fence Setback (Structure) - Concurred #240 - Allan Grannes - 4496 North Shore Drive Variance - Lot Area for Addition - Concurred - Suggested adopting policy for lakeshore setbacks on decks \L 8. 9. Ski Tonka - First Phase License - Approved wi^ Conditions Northwest Cinema Theater License - Approved with Conditions cm OF onoNo, Minnesota REGULAR PLANNING COMMISSION MEETING HELD APRIL 4, 1977 Oraio Planning Coomission mat on the above date with the following menbers present: Oiairman Gregg Hannah, Menbers11 • Gloria McDonald, Diane Iknlap and Paul Pesek. Menber Hassel arrived at 7:35 p.m. Also present was Zoning Administrator Hank Huhich and Mayor Van Nest. Dunlap moved, Pesek seconded, that the minutes of the Planning Conmission meeting of March 21, 1977, be anpixnred. Moticn • Ayes (4), Nays (0), The Zoning Administrator informed the Gomnission that Mr. Rhode has been into his office to discuss his new proposal. New material will be submitted soon. Hannah moved, Pesek seconded, to table this matter until the new proposal is submitted. Motion - Ayes (5), Nays (0). The Planning Comnission was advised that no application has been subadtted to date. t i#*^e Zoning Administrator reminded the Comnission tiiat he ^^d sent a letter to North Shore Drive Marina concerning the possible use of boat storage radks on their property. He advised that any increase in slips, including the coabined total of both land and water slips, was not permitted in marinas. A boat storage rack constitutes a stnicture and would require a building peimit. Before a building peimit could be issued, however, he would need the approval of Council and the Planning Connission Hannah moved, Pesek seconded, to td>le this matter until further input is received. Motion - Ayes (5), Nays (0). The Zoning Administrator advised that no new material had been submitted concerning the proposed dock location and dredging. The engineer was requested to come to the City office to discuss this project. Mr. Midiich stated that in talking with the Watershed District they suggested that the dock be constructed on floats which would eliminate the need for pilings. Mr. Muhich also infoimed the Goimission that the ENR considers the area of the dock location to be part of the lake and not marsh. Dunlap moved, Pesek seconded, to table this natter until jjjie necessary material is submitted. Motion - Ayes (5), ys (0). ATTENDANCE - 7:30 P.M. APPROVAL OF MINlfTES MEETING MARCH 21, 1977 <:.:v I JACK RHODE 1410 BOHNS POINT ROAD VARIANCE . LOT AREA 4 WIDIH CONDITIONAL USE PERMIT (1210) SKI TCNKA - CONDITIONAL USE PERMIT (SECOND PHASE) REVISED PROPOSAL NORTH SHORE DRIVE MARINA 3222 NORTH SHORE DRIVE 1977 LICENSE APPLICATION REVIEW (#235) VICTORU GRAIN CCMPANY 500 NORTH ARM DRIVE DOCK LOCATION ^ DREDGING (#200) ,s Mlh^^ES OF A PLANNING CC>MISSICN MEETING HELD APRIL 4, 1977 - PAGE 2 Mr. O^en was present. Applicant is requesting variance for to tiie side of his house. There has been a conflict to where the easements were located. Mr. Odden now has abstract. Still seems to be some question concerning the location of the element. Planning COTmission requested applicant to submit a title opinion in order to clarify this matter. The Zoning Adbidristrator stated that the applicant has added a garage sin^ the last meeting. Proposed access would be on tiie west side. Proposed garage would meet the 10* side seti>ack; howe'er, it would be difficult backing iq> in the turn aroind. It was suggested that Mr. Odden obtain a letter of approval from the adjacent nei^bors to a set back variance. Planning Commission was concerned about the hardcover. Mr. Odden is now storing two cars, sail boat, mobile home and a cabin cruiser on his property. The proposed garage would :^tore some of this. After a brief discussion, Hassel moved, Pesek seconded, to table this matter conditioned on the following: (1) Clarification of easement location throu£^ title opinion to the City from an attorney. (2) Letter of no objection to setback variance from adjacent neighbors. (3) Percentage of hardcover in Zone 2. ^^tion - Ayes (5), Nays (0), Clayton Bangs and Dick Fred>om were present. The Zoning Administrator stated that the applicant is requesting a lot width variance. This lot exceeds the required area, but lacks the required width. The Zoning Administrator expressed concern for the adjoining, substandard lot which already contains a home. Our tax records indicate that there is one owner for the two lots. Mr. Bangs stated that there are two owners. Property is sewered. There was some discussion regarding the special assessment status. After some discussion, Pesek moved, Dunlap seconded, to reconmend denial based on the following: (1) (2) (3) W O Both lots were under one cornnon owner in 1965, January 1, 1975, and recorded as such in the 1977 tax record. Lot containing existing house is extremely sid>- standard (9,000 sq. ft.) TVo lots combined consist of approximately 1/2 acre of dry land. Would be setting precedence for similar pro posals along shorelines and marshes. Motion - Ayes (5), Nays (0). II a:WILLIAM ODl 3450 NOKffl SHORE DRIVE LOT AREA 6 WIDTH VARIANCE PROPOSED AIDITION TO DWELLING CN NON-OONF(»MING LOT . (#235)i ■V % WARREN ORTENBLAD 1865 SHADYWOCH) ROAD VARIANCE - LOT WIDIH (#238) (1 i I IV)| i ^ ‘IJJ MINOTES OF A PLANNING CChWISSICN MEETING HELD APRIL 4, 1977 - PAGE 3 [VE OANCE ) FORMING The Zoning Administrator stated that this request is some %diat similar to the previous proposal (#238). The party owns Lot 1 also owns Lot 2. Applicant is requesting ^l^roval of Lot 2 as a buildable site. The property is not sewered. Coninission determined that even if these two lots were combined, they would lack the necessary square footage. After a brief discussion, Diailap moved, Hassel seconded, to reconmend denial based on the following conditions: Lots 1 and 2 are in comnon ownership. Area is not sewered nor is it planned to be sewered in the ConprAensive Sewer Plan. Increasing den sity would only add to the problem. There has been some indication that existing septic(3) (4) (5) systems in tiie area are not operating properly. Lots 1 and 2 are extrmnely siu>standard as individual building sites. Even if confined they lack the necessary 87,120 sq. ft. Suggested combination of the two parcels. Motion - Ayes (5), Nays (0). Mr. Warden arrived after the Commission had taken action on his application. They adHsed him of what had taken ^ace, and infoimed him that Comcil would be acting on C jis at their meeting of April 11, 1977. LOU WAR 140 aCNET PLACE ^ VARIANCE - LOT AREA § WIDlH (#241) Paul Kempf and his dad were present. The Zoning Admin istrator explained that the spplicant is requesting ^jpioval for the removal of the erosion of silt which has biiilt up over the years and the installation of riprap to protect against further erosion. Applicant indicated som maintenance dredging would be necessary for the rcmo>*al of the silt. Plannf ng Commission was concerned about the extent of the dredging and the affect this would have on the lake and the adjacent property owners. A considerable amount of silt has washed in over the years according to Mr. Kempf. Three parties representing neaiby property owners were in attendance. They were especially concerned about the dred^ng and the affect this would have on the nei^or- ing properties. They felt they were in the same position and should have the same ri^ts. Mr. Kempf stated that he had met with the IMCD and they had been requested to cut their docks back to the 200* length. He felt this was injust and they had no inteu- of changing the docks. NORTH STAR MARINA 3324 NORTH SHORE DRIVE CONDITICNAL USE PERMIT 8 RIPRAP (#242) ■ M : I •A i WimH MINUTES OF A PLANNING EMISSION MEETING HELD APRIL 4, 1977 - PAGE 4 DRIVE Ta::i W (4) 'After A lengthy discussion, Pesek moved, McDonald seconded, to recomnend dmial based on the following: No hardship demonstrated to justify a variance from our wetland moratorivn. Concern about dredging because of the adverse affect on the lake and adjacent neighbors. Policy for peimitting dredging is to provide access to the lake for riparian owners. In this case, no reason could be found to justify this as property owner does have access to the lake. Maintenance dredging would not be necessaiy to provide access. In general, no objectirm to riprap. Indicated they were in favor of shoreline protection and riprap. Motion - Ayes (5), Nays (0). Mr. Lehman was present. Planning Coinnission reviewed a copy of the final plat. Determined that the final plat was the same as the preliminary and meets all the requirements. The Zoning Administrator pointed out that the proposed house location on Lot 3 would require a variance from the 75* lakeshore setback. Any proposed dwelling for Lot 3 would have difficulty meeting all the setback requirements because of the lagoon. After a brief discussion, Pesek moved, Hassel seconded, to recommend approval of the final plat as sii>mitted subject to the following: Approval of the plat does not constitute approval of the location of any dwelling. (2) All proposed duelling locations shall meet the miniu 75* lakeshore requirement. (3) Appropriate Paxk Dedication Fee (total $3,086.00). C4) Final plat is same as preliminaxy. Motion: Ayes (5), Nays (0). Work session only. Several adjoining property owners were present: H. D. Bliait, Wh. H. Reese, Jr., Donald Nelson, Lee Hartmann, H.R. Hartmann, Bob deGregory, Donna Blunt, Bette Reese and and Mr. Ellis. Lagoon is presently protected by tiiiber seawall and it is ^ving way. This proposal is for some riprapping and installation of an aliminimi seawall. Coanission was concerned about the seawall proposal in the lagoon proper. Felt the seawall would be aj^ropriate in the channel only. GoBBdssion suggested applicants consider riprapping the entire lagoon. Proper^ owners were not in favor of riprapping. Because a 45 degree angle would be necessary ^^tiiis riprapping, they felt they would be giving up il(^aximately 10 feet of their property. NORm STAR MARINA (continued) ED LEHMAN 3525 SHORELINE DRIVE SUBDIVISICK (FINAL) (1182) . '.XV % .Ti. WALTER'S PORT 1MPR0VB£NT 8 MAINTENANCE ASSOCIATION WALTER'S PORT LA (#245) f • •: Ai^\J i/ JVrVJLAJ T C 9 r n'V »*i ^ \\ The Connission was also concerned about the proposed dredging. Applicants were requested to sidmdt certification of approval for the dredging, seawall and riprap from John James, the m||aier of the lagoon. A public hearing was scheduled for Mcaiday, May 2, 1977, at 7:30 p.n. Work session only. Mr. Lobben from Hennepin County Vo- Tech Schools was present and the Planning Commission reviewed the application with him. Mr. Lobben assured the Commission that this application was a separate natter from the Vo-Tech proposal. This is the same basic applicatl€*c as approve last year. Only difference is proposed new off County Road 16 which appears to Mve been in existence for many years. Mr. Lobben stated that this access would be used by a couple of pick up trucks only. The Connission was concerned ^out this new access and the potential use it could provide to the Medina area. Mr. Lcbben informed the Conanission that Vo-Tech was con sidering using the old bam in Medina for storage of farm equipment. No access would be necessary from City or Gouity roa^ as these vdiicles would travel back and Tth over the farmland between Medina and Orono. Clark ^gineering is researAing the possibility of providing a bridge over the creek for this purpose. a Work session only. After reviewing this application, the Planning Connission suggested replacement of dead trees with larger trees and the plant^ of vines. Also require larger trees on any new plaiming. Applicant would be reared to submit professional lanvcape plan indicating size and species of trees and ^hes. Comission determined professional planner is necessary for the new building plan proposal. They also felt professional landscaper may be able to suggest trees for this type of soil to alleviate the current problem with the trees dying* A piblic hearing is scheduled for Monday, April 18, 1977, at 7:45 p.n. WALTER'S PORT (continued) . RIOiARD BRENSTEDT 2675 SHADYWOOD ROAD SUBDIVISION (PRELIMINARY) (1245) HENNEPIN COUNTY VO-TBCH 2940 SIXTH AVENUE N. CONDITIONAL USE PERMIT FOR CROP PROGRAM - RENEWAL (#247) ’'aay< GAYLE'S MARINA 3366 NORTH SHORE DRIVE RENEWAL OF BUILDING PERMIT APPROVAL - SITE 4 BUILDING ELEVATION PLAN APPROVAL (#248) JA^CS KALLESTAD 140 BROWN ROAD S. SUBDIVISION (prel: (#243) tllK James Hawley was present. He stated that he received approval from the Planning Comnission and Coiaicil (^r a building permit. This approval was based on the assuaption that this property contained 2 full acres. Now it appears that there are not two acres. The Zoning Adainistratur stated that Mr. Hawley would have to sub mit a new application along with a survey. JAMES HAWLEY BIG ISLAND -"SEr- OT RENEWAL ter4J.=-' mmiiEo ur jk rui\nnu^ »-trwi5&lUM MbtTING HELD APRIL 4, 1977 - PAGE ® The Zoning Administrator stated that althougii this item was not on the a^nda he would like to bring this matter to J|||eir attention, Mr Andersen has been into the office Ijid inquired abwt the amount of Park Dedication ¥ee due on his subdivision idiidi was approved in 1973, The Zoning Administrator felt this proposal should be reviei^ by the Comnission, After a brief discussion, Hassel moved, Hannah seconded, that this si4>division proposal be resubmitted. Motion - Ayes (5), Nays (0), There wa^ some discussion to consider denying any duck pond proposals, the Planning Comnission felt that removal of aquatic vegetation in any marsh area would destroy the filtration of stoxm water provided by marshes, The Gonmission considered setting up standards and clarification of parks. The Comnission determined that (parks) as a permitted use in residential districts is too broad a term. Ordinance should be amended. After a brief discussion, the Comnission determined this definitely a comnercial operation, and there are iicial zones for an operation such as this in Orono, Hannah moved, Dunlap seconded, to reconniend against amending the ordinance for dog boarding or kennels in any residential zone. Motion . Ayes (5), Nays (0). Menber Dunlap sii>mitted her comnents to the Zoning Administrator, Other members stated that their comnents would be forwarded soon. Richard Tuthill and RicharJi Hassel presented a preliminary plan and model of the 21 init PRD concept over 21 acres of land in Minnetonka Beach and Orono, This location is north of County Road #15 ai^ east of the Texaco Station at the interaction of Coaity Road #19 and #15, The proposed density would not exceed the zoning requirements. The preliminary model indicated that there would be approximately 3>5 units in Oiono, The applicants presented the proposal in order to get some direction from tiie Planning Commission. Other ^an detem^ing the actual location of the structures, Connission indicated general approval of the concept. The proposal would require platting, detailed plans for PRD approval and joint agreement with the City of Minnetonka Beach. HAROU) ANDERSON 4665 BAYSIDE ROAD 1974 SUBDIVISION WETLANDS DREDGING $ DUCK PONDS (MORATORIUM) PARK STATUS (MORATCXUUM) USES IN 5-ACRE PESIDemAL ZONES - VETERINARIAN 4 DOG BOARDING SITE, TRAFFIC 4 ENVIRON- fCNTAL REPORTS ON IVIURE MEDINA VO-TEOI S(HX)L PROPOSAL RICHARD TUIHILL 21-UNIT PRD OGNCEFT MINUTES OF A PLANNING COMMISSION MEETING HEU) APRIL 4, 1977 - PAGE 7 V Mayor Van Nest informed the Planning Cornnissicn that the joint meeting between Council and the Goranission previously Ajheduled fbr April 21, 1977, was being moved up to ^mursday, April 14, at 7:00 p.m. The main topics of discussion will be septic systems and the platting ordinance. Pesek moved, Dunli at 11:35 p.m. seccmded, that the meeting be adjoumed JOIKT MEETING BETWEEN COUNCIL AND PLANNING CCMOSSION ADJOUIQMENr - 11:35 P.M. •■-1 1. •• "».• r [DBrriAL 01 4 - - •• V-.; ;i ’ .-.X- anoN- vniRE X3L - A I' ■‘V-- ik- - J : 1 ' 4? ' lA I ^ __