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08-16-1982 Planning Minutes
AGENDA '^■*, 'a I' PLANNING COMMISSION MEETING COUNCIL CHAMBERS 7:30 PM MONDAY, AUGUST 16, 1982 *Asterick items are considered to be routine items to be enacted upon by one motion by the Planning Commission under Consent Item* on the agenda. Discussion will be held upon request. Council ReoresCMitative - Tim Adams Call to Order 1. Call to order/roll s Consent Agenda 2. Approval of Consent Items* Public Hearing 3. 7:30 PM #696 Hildur Hollander, 250 Holl Preliminary Subdivision ^*1 • ■ • A ■ : >.\- John D. Watson, 3500 Togo Road " Final Subdivision - Resolution *5. #642 Lachlan Reed, 1500 Bracketts Point Final Subdivision - Resolution *6. #654 DiCon, 155 Willow Drive South Final Subdivision - Resolution » 7. #693 Theron Hineline, 1565 Orono Oaks D: Conditional Use Permit 8. #694 Thomas Sarenpa, 1670 Shadywood Roa< Variance #698 Marvin E. Seibold, 1699 North Farm Variance 10. #699 William Wear, 2160 Wayzata Bouleva: Variance Work Session 11. #697 Larry Langhans, 1366 Rest Point Roi Subdivision Information Items 12. Gloria McDonald to attend Council meeting of September 13, 1982, as Planning Commission representative. 13. Schlee Builders, Inc. - Subdivision - Update Approval of Minutes *14. Approval of Planning Commission minutes of July 19, 1982. i, ., ' 1 • • •, . ' ' ..‘f i .'w'- •’j* ■ ■ '■ . ' . V.! ■ •' vr;., V ' I v.'j *. MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 1982 The Planning Commission met on the above date. The ollowing members were present; Acting Chairman Rovegno, cDonald, Kelley, Goetten and Callahan. CounciImember Tim Adams was present. Mabusth represented the City staff. ATTENDANCE 7:30 PM Rovegno moved to approve the consent items on the agenda.CONSENT AGENDA* Callahan seconded. Vote: Ayes (5), Nays (0). Mrs. Hollander was present. There was no one present in the audience for this application. Mabusth noted the certificate of mailing and the affidavit of publication. Mabusth noted for the Planning Commission the septic Information received from the Septic Consultant. She noted that Lots 3, 4 and 5's lot lines would have to be rearranged to secure adequate area for the locating of a house and septic system. She added that Lot 5 will access off Sixth Avenue North and that Mrs. Hollander would be required to obtain an access permit from Hennepin County. HILDUR HOLLANDER I 250 Hollander Rd Subdivision #696 Public Hearing 7:30 - 8:01 Mabusth stated that she had talked to the Orono Superintendent of the School District and he had stated that the school boundaries go by the house location and border line cases have a choice which school district they wish to atte* d. ^^Rovegno noted that the school district lines are backwards anyway and that they should be changed. Goetten noted that the neighbors have always had a choice in which school they wished to attend, why should the Planning Commission get involved with the school districts. Callahan noted the three residences on one lot. Mrs. Hollander noted that one residence was her homestead, one is a farmhouse and one is a guest house. She noted that the cottage would eventually be torn down. She added that it has not been rented for the past two years but is rented now. Rovegno wanted to know the status of an outlot in a subdivision? Is it for future roads or is it an unbuildaJle lot? 5 Mabusth stated that it was assumed that Mrs. Hollander would come back and subdivide Outlot B at the time of the second stage plat. As it is now, two residences are non- conforming uses on a single lot. c Rovegno noted that if Mrs. Hollander ever wished to subdivide Outlot B that she would have to come back and resubdivide Outlot B. He noted that the Planning Commission would be willing to include Outlot B in this subdivision if Mrs. Hollander wished to include Outlot B in the current plat. MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 1982 Page 2 Q Mrs. Hollander noted that she is involved in a corporation nd that she doesn't want her homestead with the corporation nd that she would like to keep it separate. She stated that she would consider the Planning Commission's suggestion. HOLLANDER (CONT) Rovegno stated that he felt that the school district lines should follow the City boundaries and section lines. Callahan moved to approve the 5 lot subdivision of Hildur Hollander of 250 Hollander Road subject to the following conditions: i ri-. ‘ ' 1 -Lots 3, 4 and 5's lot lines be adjusted to assure suitable building sites and adequate setback distance for all septic drainfields from all lot lines per alternative plans suggested by staff. h i. . ^ . r^v rv-: Qutlot B has two residential units that are non conforming uses and subject to all pertinent ordinances. Lots 1, 2, 3 and 4 must access via Hollander Road. Lot 5 is the only lot to have direct access to County Road 6. An access permit must be obtained from Hennepin County for Lot 5. 4 - Payment of park fee for 5 lots Q $200.(>0 = $1,000.00. Goetten seconded. Vote: Ayes (5), Nays (0). Rovegno moved to approve the final subdivision for John Watson subject to all findings and conditions setforth In the staff resolution. Callahan seconded. Vote: Ayes (5), Nays (0)• . JOHN D. WATSON* 3500 Togo Road Final Subdivision Resolution #639 Rovegno moved to approve the final subdivision for Lachlan Reed subject to all findings and conditions setforth in the staff resolution. Callahan seconded. Vote: Ayes (5), Nays (0). LACHLAN REED* 1500 Bracketts Pt Final Subdivision Resolution #642 Rovegno moved to approve the final subdivision for Dicon subject to all findings and conditions setforth in the staff resolution. Callahan seconded. Vote: Ayes (5), Nays (0)•i DICOJI* 155 Willow Dr. So , Final Subdivision j Resolution #654 Goetten moved to tab^e Theron Hineline's application per applicant's request. Callahan seconded. Vote: Ayes (5), Nays (0). THERON HINELINE 1565 Orono Oaks Conditional Use Permit #693 { I MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 1982 Page 3 aMr. and Mrs. Sarenpa were present. Mabusth explained that he applicant is seeking a variance for a 24* x 20' detached _,arage with one story which is identical to the existing bim garage. Applicant explained that it would be partial K-j THOMAS SARENPA 1670 Shadywood. Rd Variance #694 storage, one stall and no second story. Goetten asked if the existing garage would remain? She noted the concrete walkway which adds to the hardcover problem. Applicant stated that he would like to have the existing garage remain and eventually it would be taken down. He also noted that if the walkway was unacceptable he would remove that too. Applicant explained he would rather have two stalls if the Planning Commission would allow it. Planning Commission advised that this was no problem as long as adequate turnaround 5s provided on site..IV . V. ■ ■ ■ • '■‘W Mm-. V Rovegno asked about the neighbor to the north and if he had any imput. -Hi ■: Applicant stated that his neighbor has no ob: as long as the garage doesn't get closer to i because of blocking vision of the road. [•IzJm ■if*•-ft’- c Kelley moved to approve the variance applicat Thomas Sarenpa to permit construction of a 2C detached garage subject to the following cone 0^ 1 - Removal of existing storage shed one year issuance of date of building permit. 2 -Removal of concrete walkway between the e garage and proposed garage. Proposed gar consist of 2 doors and 1 story, with a sic setback of 3.5'. 3 -Add 14' X 24' to existing concrete slab t adequate turnaround. 4 - The existing garage is a non conforming s and subject to all pertinent ordinances.. V-; Applicant is placed on notice that City v approve any future improvements to the su property involving additions to existing hardcover, this total includes removal of makes adjustment for concrete walkway rep garage and concrete walkway between new s Goetten seconded. Vote: Ayes (5), Nays (0). e I MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 1982 Page 4 Mr. Seibold was present. Mr. Bob Bitchel, applicant's ttorney, was also present. Councilmember Tim Adams was present as Mr. Seibold's neighbor. Bob Mitchel explained that his client needed a variance to amend the original flowage and conservation easement filed with the plat "The Farm at Long Lake". He noted that his client is the only owner of a lakeshore lot on Long Lake not to have riparian access. Kelley asked if the applicant knew of the ordinances when he bought the house. Mitchell noted that there are no ordinances in Orono that require feet for dockage. He also noted that there is not an excess of docks on Long Lake. Goetten asked the applicant why he waited four years to come in for a dock variance. C Seibold stated that at first they thought they could live with the fact of not having a dock, but when someone across the lake put in 10 slips he felt he should have riparian rights too. He noted that they City of Orono has been trying to restrict boat activity on Long Lake but that the City of Long Lake isn't doing the same. He noted that the guy across the lake has 100' lakeshore with 10 boats. He has 174' of lakeshore and can't put up a dock. McDonald noted that he should consider a shared dock with his neighbor on Lot 7. Seibold noted the restrictive covenants filed in the chain of title that prevent that. Tim Adams noted that there are wetlands on that side of the lake but that they shouldn't restrict total use of his lakeshore. Rovegno asked how they would get down there if there were wetlands just before the lake. , Seibold stated that they can walk to the lake without getting wet. Adams stated that it wasn't the wetlands that was the controversial issue but that the real issue was the lake useage. He noted that it would be a hardship to use the neighbor's dock and the he himself as a neighbor and a Councilmember would support him. c Rovegno asked how much dry buildable land was there. Mabusth stated 4t acres and officially 1/3 of it is wetlands. MARVIN SEIBOLD 1699 North Farm ^ Variance #698 1 >» r \ .-I-*.'*' Br.'/‘f'.:'. III--:.'' .. t ••• kiNh. a I MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 26, 1982 Page 5 Q McDonald stated that wetlands in the lake is different than an isolated wetlands. Mabusth stated that the applicant needed a variance to the requirement for a lakeshore dock in the LR-IA zoning district that was not addressed at the time of the original plat. The flowage and conservation easement was the document chosen to limit the lakeshore useage. Rovegno asked what document would be used to release the restriction on his property. Mabusth stated an amendment to the original flowage and conservation easement. Rovegno moved to recommend approval of the variance application of Mr. Seibold, that he be allowed one residential dock as other riparian lots on Long Lake subject to the following conditions: 1 - Staff to examine the best way to get to the lake through the wetlands with as little hardcover as possible. 2 - Applicant should be limited to two boats or two slips. ©3 - Dock construction to follow guidelines of original flowage and conservation easement. Kelley seconded. Vote: Ayes (5), Nays (0). Mr. Wear was present. Mabusth explained that this was a sign variance which would get rid of all the cluster of signs on the island area. They would then have one pylon sign with all the prices information. Rovegno asked about the flashing sign which is up there from time to time. He asked if that is a permanent sign or a temporary sign. Wear stated that it is a rental sign and it is licensed and on a trailer so that it can be moved. Rovegno noted that the planting plan was never carried out from the last application. Staff should follow-up on planting project. Goetten moved to approve the variance for additional 42 sf of signage based on the following findings: 0 - The identification and pricing information demands of a station cannot be met by the existing directory type signage of the shopping center. SEIBOLD (CONT) V , '■ J ' h . " .L"' ' -f. - • 1 'k WILLIAM WEAR 2160 Wayzata Blvd Variance #699 MINUTES OF THE PLANNING COMMISSION MEETING OP AUGUST 16, 1982 Page 6 02 -The granting of this variance is necessary for preservation of a substantial property right - gas station has never had a business identification sign - 2' x 8' plaque is inadequate - existing pricing signage cannot be seen from road as with all surrounding stations. 3 -The location, height and size of sign will not impair the health or safety of the public. approval is subject to the following conditions: 1 - All other signs in island be removed. 2 - Staff to report on landscaping by June 15, 1983. Callahan seconded. Vote: Ayes (5), Nays (0). Applicant was present. Mabusth stated that the applicant will be required to file a formal plat because this was his third time of lot line rearrangements. Goetten noted the non conforming structure and stated that it is subject to all pertinent ordinances. G A public hearing was set for Monday, September 20, 1982, at 7:30 PM. Rovegno moved to approve the Planning Commission minutes of July 19, 1982, as is. Callahan seconded. Vote: Ayes (5), Nays (0). The Planning Commission adjourned at 9:15 PM. f. • 'l.l , .-V, . I WEAR (CONT) LARRY LANGHANS 1374 Rest Point Subdivision #697 APPROVAL OF MINUTES* ADJOURNMENT 9:15 PM ■•v-4- . ^ .• ••V .-r ' V ' ' V :--V- - d .a.V.5 . -rM-m ' 'I