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Home My WebLink About09-20-1982 Planning Minutesxrmv^ \ I ■ AGENDA PLANNING COMMISSION MEETING COUNCIL CHAMBERS 7:30 PM MONDAY, SEPTEMBER 20, 1982 ♦Asterick items are considered to be routine items to be enacted upon by one motion by the Planning Commission under Constant Item* on the agenda. Discussion will be held upon request. Council Representative - Jo Ellen Hurr Call to Order 1. Call to order/roll Consent Agenda 2. Approval of Consent Items* Public Hearing 3. 7:30 PM #697 Larry Langhahs 1366 Rest Point Rd. Preliminary Subdivision 4. 7:45 PM #701 Wm. Gregory/David Duff 1420 Shoreline Preliminary Subdivision Action 5. 6. 7. *#686 Merrill Gibbs 3125 & 3135 Fox Street Final Subdivision - Resolution #693 Theron Hineline 1565 Orono Oaks Dr. Conditional Use Permit #700 Thomas Vickerman 679 Minnetonka Highlands After the fact - Conditonal Use Permit #702 William Gregory 1410 Shoreline Drive Conditional Use Permit #703 Mark Fox, 2130 Shevlin Drive Variance *#704 Douglas Aabel 1580 Long Lake Blvd Variance #705 Philip G. Bradley 4075 Oak Street Variance 12.#706 Horae Builders of Wayzata, Inc. 3545 Ivy Place Variance 13.#707 Charles Downey 2665 Casco Point Rd. Variance Work Session 14.#708 Pheasant Lawn Area Residents Pheasant Road Rezoning Information Items 15. Select member to attend Council Meeting of October Council and Planning Commission, Sa'curdav September 18, 1982 at 8:00 AM. Approval of Minutes Approval of Planning Commission minutes of August 16, 1982 c CITY OF ORONO Regular Meeting of the Orono Planning Commission, September 20, 1982 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Hammerel, Goetten, Kelley, McDonald, and Rovegno. Absent: Callahan and Opheim. Also present: City Zoning Administrator Mabusth, Councilmember Hurr, and City Clerk Strom. Councilmember Hurr requested that item 5, #686, be removed from the Consent Agenda for discussion purposes. CONSENT AGENDA* Hammerel moved, Rovegno seconded, to approve the Consent Agenda*, subject to removing item 5, #686, at the request of Councilmember Hurr. Motion, Ayes (5) - Nays (0). Chairman Hammerel announced that now was the time and place for the public hearing concerning the subdivision request of Larry Langhans, 1374 Rest Point Road. Zoning Administrator Mabusth presented the Affidavit of Publication. Mi‘. Langhans was the only person present concerning his application. PUBLIC HEARING 1366 Rest Point Road #697 Larry Langhans Chairman Hammerel closed the public hearing at 7:35 P.M. Goetten moved, Kelley seconded, to approve the pre liminary subdivision request of Larry Langhans," 1374 Rest Point Road, subject to: 1) alL future construction on both Lots 1 & 2 must meet all standards of the LR-lB zoning district; 2) the Public Works Department must review any new access off Rest Point Road created by construction of garage on Lot 1. Motion, Ayes (5) - Nays (0). •; • -j’. • i- j At 7:45 P.M., Chairman Hammerel announced that now was the time and place for the public hearing concerning a subdivision request of William Gregory and David Duff, 1420 Shoreline Drive. Zoning Administrator Mabusth presented the Affidavit of Publication. Mr. Larry Berg, attorney for the Gregorys was present. PUBLIC HEARING 1420 Shoreline Drive #701 Gregory/Duff Discussion included the parking lot that has been used by the public for many years and maintained by Hennepin County. The nuisance problems and the health, safety ami welfare of the public using the parking area was discussed; also, riparian docks and septic system. ,-r! (ContinuedT -I MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 20, 1982 Mabusth reported that the Duff system has been failing for over two years. Page 2 McDonald asked staff why a violation tag had not been issued against the property. Mabusth advised that the owner had been involved with either petitioning for sewer or requesting a subdivision for the same two-year period. Council had formally recognized the failing system but had always hoped Duff would reconcile the septic problem with either sewer or with the subdivision of his property. Chairman Hammerel closed the public hearing at 8:22 P.M. Rovegno moved, Goetten seconded, to approve the lot line rearrangement of the David Duff property, 1420 Shoreline Drive, based on the following conditions: 1. A new septic system to be installed on Lot B, the Duff homestead, prior to Council granting preliminary approval of the plat. 2. Flowage-conservation easement required over all designated wetlands. PUBLIC HEARING #701 (Continued) 3. 4. Dedication of right of way for County Road #15 at northeast corner of property. Plat must show riparian outlots created on Browns Bay side. Riparian/dock use limited to one residential dock per residential lot. All docks to be constructed in accordance with the City of Orono and Lake Minnetonka Conservation District regulations. 5. All futher construction shall meet the standards of the LR-IA zoning district. 6. To deny the Hennepin County Highway Department's request for additional right of way to include remainder of existing gravel parking lot not included within railroad right of way. Motion, Ayes (5) - Nays (0). n SUBDIVISION 3125 & 3135 Fox Street Zoning Administrator Mabusth reviewed the proposed resolution for the Merrill Gibbs, 3125 & 3135 Fox Street, that had been removed from the Consent Agenda #686 at the request of Councilmember Hurr. Hurr stated Merrill Gibbs that she did not feel it necessary to request a park dedication fee from the Gibbs. (Contiuned) 4 MINUTES OP THE PLANNING COMMISSION MEETING OF SEPTEMBER 20, 1982 Page 3 Rovegno moved, McDonald seconded, to approve the SUBDIVISION proposed resolution for the final subdivision request #686 of Merrill Gibbs, 3125 & 3135 Fox Street, as presented, (Continued Motion, Ayes (5) - Nays (0). The Theron Hineline, 1565 Orono Oaks Drive, conditional use ^'‘^rmit was tabled until such time as the applicant requests a formal withdrawal of his application. CONDITIONAL USE PERMIT #693 Theron Hineline Mr. Gary Phleger, attorney for Thomas Vickerman, CONDITIONAL USE PERMIT was present to discuss the after-the-fact conditional VARIANCE use permit and variance request of Thomas Vickerman, 679 Minnetonka Highlandj 679 Minnetonka Highlands Lane. #700 Vickerman Mabusth advised Phleger that the surveyor failed to designate the 75' setback line on the survey. Phleger stated that the surveyor will complete this for the Council review. Hcunmerel moved, Goetten seconded, to approve the after-the-fact conditional use permit and variance request of Thomas Vickerman, 679 Minnetonka Highlands Lane, subject to the following conditions: 1. Vickerman's surveyor must stake the 75' setback line. 2* The cement pad access stairs are to be removed within 0-75' setback area. •41 'r ,4 . X! 3.That portion of the deck/staircase that encroaches the setback area may be used as substitute access stairs to lake; although Council may ask for the complete removal of all hardcover and structures within the protected area and advise another method for lake access. pip'I 4.An additional $100 fee to be collected for the variance portion of this application. Motion, Ayes (5) - Nays (0). Mr. Larry Berg, attorney for William Gregory, was present to discuss the conditional use permit application of Mr. Gregory at 1410 Shoreline Drive. Goetten moved, Kelley seconded, to approve the conditional use permit request of William Gregory, 1410 Shoreline Drive, subject to the following conditions: CONDITIONAL USE PERMIT 1410 Shoreline Drive #702 Gregory (Continued) . -..A ■• ” ' *•- "••• . .V • ' ■■ ;K.'' ,VA . .■ ^ V : -A' - i' :c':^ A.'-.-V' Page 4 SE PERMIT Drive 3 Blvd.Ff, m m ik ’M VARIANCE 3545 Ivy Place #706 Home Builders of Wayzata 'f* '^\s^ ,% . . • -—I **' M ^ ■ •:-• •■...-■ minutes of the planning commission meeting op SEPTEMBER 30, 1982 Hoine°Builders^of\”^^ present representing the variance ^ application for a 3545 Ivv PI ^ Ivy Place, skip Jewett of J340 Ivy Place was also present. Staff reviewed Resolution #762 for Mr KUni- aU^SciSi' thirr^ilu^Sn that part of Lot 185 and^dlcl'^^d^the°’^ h°*^® unbuildable. «i^ed the sub3ect property ^d!?Jona"f Councu'^Sire^"? f the txme of the earlier review but*°that^thl2*^ in this current applicatinn^ exhibits included e^ve%Tp^lL^h^^e“S Hr - r\^IaL\orhe^-‘ finding that Tract V vnr"”''®^' seconded, to deny the 3545 Ivy Pllce^^fof Wayzata forxvy rxace, for the following reasons: 1. Lot is severely substandard in width and area.' 3. Substandard lakeshore width. 4. Knowledge on the part of the current owner of " propert^^""" Ixmxtations prior to purchase of Motion, Ayes (5) - Nays (0). fo^a%a^i;;^f|^‘“h«lefD the applicationRoad. Mr. rnlrwfs prller"®"'' Sn:r?ror?Sis^ >^^ry^^?^:e"‘c:in^^l has properties serild^ra^^^L^^ - ^Hr^ r^irSI sac (Continued) Page 5 HSlirC' mm ^.<‘4m msMm. V : ;r:: V = = :• , ■. m " • •a VARIANCE 2665 Casco Point Rd. #707 Charles Downey m -m MINUTES OF THE PLANNING COMMISSION MEETING OP SEPTEMBER 20, 1982 Council the record that this is merely also required by ordinance. He onto the with doors opening ^vllop^nt!®®" surrounding ^wney stated that his neighbor, Hartwell, was street garage with a substandardStreet setback ana doors facing onto road. Mabusth noted that this was a case of an add-on hi. existing garage. Downey stated that built an entirely new garage with all existing substandard setbacks, aw^rat^nhl^iSe "5® that had she been made ha™ ! construction, the owner would review^^ advised of the need for a new zoning « McDonald moved, Rovegno seconded, to approve the request of Charles Downey, 2665 6asco ?ninrRoal, for a variance, based on the following findings: 1. Consistent with surrounding pattern of development 2. Reduce hardcover 3. No additional land available ^ ! 4. Owner would lose entire backyard Such approval is subject to the following condil 1. Side setback must be at least 3» from the property line. Street/front setback approved at same setbac line as existing garage 20.8' 3. Doors may face out to street. Motion, Ayes (5) - Nays (0). Page 6 VARIANCE #707 (Continued) I ; . r Lk;-.' - mM rezS^lno scheduled for the proposed Kelley was appointed to attend the next City Council meeting of October 13, 1982. PUBLIC HEARING DATE Pheasant Lawn Rzonincr #708 William Smiley COUNCIL REPRESENTATIVE ‘•■ij f m. Page 6 MINUTES OP THE PLANNING COMMISSION ^ Goetten moved, Hammerel seconded, tc minutes of the Planning Commission ir August 16, 1982. Motion, Ayes (5) -■ ‘t Rovegno moved, Hammerel seconded, th meeting be adjourned. Motion, Ayes Nays (0). ^ KXTzi: mm-m •i . IV • ■. . • ^ • A-•■ ••A: :6a/-.a-a- :-V":!VV'. ' :V . -A .,. X-. viv^vM ■/ :'■.■■■■■■ ■ I V A: V VV'<' V VA.|«BRf,;.: ■aV'- V.'V^i A’- ;■•■■••.'■ • .• A.-:-: • r :;v.a;:v:;v- iyy: •••A. i - ^.•v A. • . • c. :.-~-vvV‘;V :•. :•■;• a"-r ,a iH ^VVo-: ,.s " . •• A*-;.- .,y ’■\ .i-■•■'•■■ :■■■ • -.■■. [ A ^ .: V --. . sA ^ ■ ■;aaaa a«^a:v iVA'-S IV-:.- .%■:■■• : :'v-A:;-; m'rM^ ii -i ■ V-il 1» !?' . .Ki minutes of the marina committee meeting of SEPTEMBER 22, V\ The Marina Committee Hu?^? Frahm and Goetten.S5S ;:s.?s*3 ...«• Shirlay Tatge °a^ina 3l33"3itii^%he™n^Pepreviewed the overall Members questionedof teplantings required ea y . ^^^. located Tatge f^^ard to the desig the existing fafesL?rtr"ax5:“rte^arrer^ru^^^ They recommended two alternative plans as lollo . 3.a«... aip*«« s"Ss s«2; Si*with the City Engineer to review in mo feasibility and cost of both plans. D Frahm moved to ®P?^°''tMs^approvL‘'w^ir^^^dock license for Gayles Marina this^appro^ • include the nine service P , .j the following such approval is Gav^e Wittig:conditions- are agreed to by Gayle wicrig. 1 - Applicant install acceptable buffer zone along lakeshore to be coiipleted by June 1983. 2 - Applicant ®*g'^"o®H®i^®addition tr^bmittingto assure completion or worx j. an acceptable form of security. ! ; ••••!;■:>'••• ■•: >;r • " •••■. V.•••*•. • • i-' mi ■ : .V-' = K Goetten seconded. Vote: Ayes (3), Nays (0). Bill price represented ^he Minnetonka Power Squadr^^ Mabusth reviewed the need this year. submit an ®"'®®^®^^Qt*th* r^’fliq Island facility upon an inspection ^ .ties^were noted from the this summer, major ?as been claimed in pre- tmate?y^f doX"\o''r boa? usl and one dock for swimmi. :r4rs;fp%o?ii?rar:?t?T!3%r=^^ l£-." '. V ■=• .. ••■ . Uti M m : 'y.^ ■ . ;• ::. ■/■ ■ MINUTES OF THE MARINA COMMITTEE MEETING OF SEPTEMBER 22, 1982 page 2 /^^xceeds 100* in length, total dock footage is 926', Dc^lKOtal shoreline footage is 2,260'. Price advised that this layout has existed for years. In regard to septic needs. Price noted that the facility is served by 2 outdoor bathrooms with sealed vaulted tanks that are regularly serviced and maintained. rrahm moved to recommend approval of an amended 1982 joint use dock license for the Minnetonka Power Squadron. Goetten seconded. Vote; Ayes (3), Nays (0). The Marina Committee adjourned at 5:40 P.M. . : ' '-V ‘