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HomeMy WebLinkAbout01-19-1981 Planning Minutes1 AGENDA PLANNING COMMISSION MEETING MONDAY, JANUARY 19, 1981 COUNCIL CHAMBERS 7:30 P.M. CALL TO ORDER Call to Order/Roll ••• 'lj ivini. :• PUBLIC HEARING 7:30 P.M. #589 James McCleary 3445 Bayside Road - SUBDIVISION 7:45 P.M. 1590 James Rivers 1440 Shoreline Drive - SUBDIVISION 8:00 P.M. #591 City of Orono-Intersectlon of McCully Road and Luce Line - SUBDIVISION ACTION ITEMS #555 Cortlen Cloutier, 2480 Casco Point Rd.-VARIANCE AND CONDITIONAL USE PERMIT. #579 Fred Harvey, 3580 Wayzata Blvd.-CONDITIONAL USE PERMIT ©1580 Robert White, 320 Woodhill Road-SUBDIVISION -m mm #593 Mark R. Salden, 1855 Shadywood Road - VARIANCE WORK SESSION #“ if. #592 John F. Allenburg, 1920 Sixth Avenue North - SUBDIVISION #594 Bruce Dayton, 550 Long Lake Road - SUBDIVISION #596 John Muelhberg and John Arnott, 3220 Ntyarve Lane - VARIANCE SKETCH PLAN REVIEW #595 Judd Ringer, 2280 WayzaU Blvd. USE PERMIT. - REZONING, SUBDIVISION, CONDITIONAL INFORMATION ITEMS Joint Planning Commission and Council Meeting on Wednesday, February 4, 1981 at 7:30 P.M. Council Chambers. Ordinance-Changing Planning Commission composition and representation.% Special Report- Industrial Revenue Bond Policy ^Special Report- Fire Protection Systems rnmmH ir f- : ^.v mmUtmm o PLANNING COMMISSION MINUTES OF JANUARY 19, 1981 The Planning Commission met on the above date. The following members were present: Chairman Hammerel, Goetten, Jabbour, Frahm, and McDonald. Mabusth represented the City staff. ATTENDANCE 7:30 P.M. Mabusth noted for the record the affidavit of public­ ation and certificate of mailing. Robert Hoium of 3440 Bayside Rd. was present. The applicant was not present. The Planning Commission once again noted the need to designate an access road. Members agreed the road outlot rather than an easement %^uld best satisfy the standards for the 3 lot plat. The com­ mission noted that the proposed subdivision did follow the guidelines spelled out in the rezoning agreement. JAMES MCCLEARY 3445 Bayside Rd. SUBDIVISION Public Hearing- 7:30P.M.-7:40P.M (#589) , Hammerel moved to recommend preliminary approval of the Bayside P^ach Plat,reaffirming the variances granted for theLR-.lB zoning district as set forth in the zoning agreement for Stubbs Bay Marina and based on the follow< ing findings: 1. Each residential unit's toilet waste shall be served by an individual holding tank located on each homestead lot. The three residents' graywater shall be treated by a single on site mound disposal system to be located on outlot B. 3. All Marina use has been discontinued. and subject to the following conditions: 1. A twenty feet wide road outlot should be designated in outlot B, the commons or shared outlot. 2. Applicant to submit percolation test information for graywater systems. 3. The park fee schedule would require $440 for each lot a total of $1320.00. 4. Drainage and utility easements should be designated for outlets A & B, 10-feet along exterior lines and 5-feet on interior lot lines. im PLANNING COMMISSION OF JANUARY 19, 1981 PAGE-2 5.Variances granted in rezoning agreement dated June 27, 1980 will be valid through June 27, 1990 as follows: s; Lot width 75' Road setback 20* Side setback 10* minimum distance between houses 20 feet. 6.City to acquire on open space easement over outlot A allowing for one residential dock, future owner must live within 2000 feet of subject property. Motion seconded by Jabbour. Vote: Ayes (5), Nays (0). Motion passed unanimously. Mabusth noted for the record the affidavit of public­ ation and certificate of mailing. The applicants were not present. Chairman H2unmerel noted for the public in attendance this subdivision was required by a re­ zoning agreement entered into by the City and the ap­ plicant. The original owner of the subject property sold a portion of the lot without City approval. This subdivision allows for an adequate review as required by ordinance and clarification of the tax records. JAMES RIVERS 1440 Shoreline SUBDIVISION Public Hearing 7:45 P.M.- 7:50 P.M. (#590) Frahm moved to recommend approval of the James Rivers' metes and bounds division of a property identified as 11-117-23-22-003, such division required by the City of Orono in a rezoning agreement approved October 28, 1980, and subject to the following conditions: 1.An open space easement over easterly portions of parcel 11-117-23-22-003, 11-117-23-22-004, 11-117-23-22-005; such easements shall limit said area to landscaping and prohibit the following: A. B. C. No permenant structures can be erected. No Marina parking permitted. No exit or entrance to existing or future docks will be allowed from specified area. Separate agreement to be drafted by City attorney requiring Jack Lehtinen to tie his remaining com­ mercial property into a "special combination" with east protion of 11-117-23-22-003. Such agreement will prevent future sale as a single separate lot with riparian access and formally recognize re­ lationship of specified parcels to commercial marina operation. 3. To approve a lot area and lot width variance for LR-lA Aik.A M * Bi . V wi .iAi.:__ii PLANNING COMMISSION MINUTES OF JANUARY 19, 1981 PAGE-3 Zoning District's standards of 2 acres an4 200 feet with. 4. Applicants submit metes and bounds descriptions for each parcel. This must be submitted before application can be scheduled. Motion seconded by Goetten. Vote: Ayes (5), Nays (0). Motion passed unanimously. Mabusth noted for the record the affidavit of pub- lication and certificate of mailing. Frahm moved to recommend approval of a metes and bounds subdivision of the City of Orono creating a 3 acre lot to be aguired by the DNR for the purpose of providing an accessory parking lot to serve the Luce Line. CITY OF ORONO Intersection of McCulley Rd. & Luce Line SUBDIVISION Public Hearing 8:00 P.M. - 8:05P.M. (#591) and subject to the following conditions: To approve a lot area variance to the RR-lA Zoning District standard requiring 5 acres, proposed 3 acres, and based on the following findings: A. B. Property not to be used as a residential lot but to assume an accessory use. 3 acres lot is in reality connected or combined with the Luce Line property. wm ’> * • ■ -V' 2.Drainage easement for storm sewage system that intersects property will be conveyed to the City via a deed restriction filed against the property. City engineer will supply legal description for drainage easement. 3. DNR will submit plans for parking lot before con­ struction may begin. 4. Approved screening along residential property lines. 5. Only 1 acre of a total of 3 acres is to be allowed for parking use. 6. Any structure other than a satellite toilet will require a conditional use permit. Motion seconded by Hammerel. Vote: Ayes (5), Nays (0). Motion passed unanimously. -i. m M PLANNING COMMISSION MINUTES OF JANUARY 19, 1981 PAGE-4 Wilbur Andersen of 3555 Frederick Street, and the applicant were present. Staff reviewed the site plan for the proposed guest house noting that the average lake shore setback required would be ap­ proximately 130 Ft. and the site plan designated 75 ft. Cloutier withdrew his application for a new guest house because required lakeshore setback would interfere with a future addition planned for the main house. Cloutier restated his position as follows: 1. To formally withdraw application to relocate guest house. 2. To remove partial frame work for 3 seasoned porch. 3. To remove all plumbing improvements do’^.e without permit. 4. To obtain permit for installation of furnace. 5. To limit all work on 2 story structure to simple repair. Planning Commission advised that in 1977 the fAir market value of the boat house and deck were valued at 2,500.00. Commission members agreed that the current fair market value of the single story boat house would easily be valued above 3,000.00. Jabbour noted the similarity to the Van Tassel conditional use permit applies :ion. The boat house, a non conforming structure, was valued at less than 3,000.00 but because of the excellent condition of the structure Council approved the con­ struction of a deck on the flat roof. The P' mning Commission once again advised Cloutier that recent in­ formation submitted by the previous building inspector and a neighbor reveal that the original building permit did not cover a 2 story structure. The permit covered a single story boat house capped with a deck. Jabbour moved first, to deny the original application of Cortlen Cloutier involving several improvements to the 2 story, non conforming, structure requiring the City to approve the expansion of a non comforming use. The City has no legal right to approve such expansion. Second, to require the removal of the second story because of new information submitted that confirmed work done outside the scope of the original permit. The original permit covered only one story boat house capped with a deck. CORTLEN CLOUTIER 2480 Casco Point VARIANCE AND CONDITIONAL USE PERMIT (#555) Motion seconded by Frahm. Minority opinion. Vote: Ayes (4), Nays (1). n\ ) * « PLANNING COMMISSION MINUTES OF JANUARY 19, 1981 PAGE-5 Hammerel found it difficult to concur with thft t’v's request to remove the second story ^ sihce the structure has been in existence for 10 years, with a fair market well over $10,000 and in consideration of building permit pro­ cedures in those days. Mr. Harvey was not present. Staff assured the Planning Commission that the applicant understood the ordinance's requirement that all crops sold at his roadside stand must be grown on the site. Frahm moved to approve the Conditional Use Permit and Variance application of Fred S. Harvey based on the following findings: FRED HARVEY 3580 Wayzata Blvd CONDITIONAL USE PERMIT (#579) 1.The state highway department has approved the access off Highway 12 for existing house and tem> porary roadside stand. 2.Only crops grown on the subject property will be sold at Harvey's roadside stand in Orono. 3.To approve the variance for the size of existing barn as a road side stand based on the following findings: A. B. C. To allow use of existing structure that is in good condition and in excellent location. Structure conforms to setback standards. Large enough to require that a.M sales produce will be stored inside the building. Motion seconded by Hammerel, Vote: Ayes (5), Nays (0)• Motion passed unanimously. Robert White was present. The Planning Commission acknowledged a receipt of a letter dated 12-5-80 from the Woodhill Country Club asking that the variance phase-of the application oe denied because of the detrimental effects on the clubs future developement. The Planning Commission advised the applicant that based on planning standards and the City's consistent policy in disapproving any subdivision remriring a variance the Subdivision as proposed could not be' approved'by this body. The applicar.t stated that he understood their position and wished to prodeed with the application. Jabbour moved to approve Robert White's two lot plat based on the following findings: rs.m y PLANNING COMMISSION MINUTES OP JANUARY 19, 1981 PAGE-6 1. Adequate area of 6.8 acres for a 2 lot plat in the RR-lB zoning district. 2. Septic area and design have been approved by Michael Gaffron for lot 2. Adequate room for expansion of alternate site on lot 1. tL.- and subject to the following conditions: 1. Lot 2 grant access and utility easement in favor of Lot 1. 2. Existing curb cut and driveway to serve both lots. 3. Park dedication fee of $200.00 for lot 2. All proposed construction, to include proposed house on newly created lot, must meet all setbacks of the zoning code and building code. 5. Both lots must meet standards of the RR-IB Zoning District. Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. Mr. and Mrs. Salden were present. There was no one present in the audiler.ce to address this application. Mabusth advised that a Mr. Tillotson of 1875 Shadywood Rd. called and stated, he approved of the improvements proposed and those already completed by the Saldens on the property. MARK R. SALDEN 1855 Shadywood Rd. VARIANCE (#593) Goetten questioned why the addition could not begin at the 10 ft. setback line. Salden noted that the interior layout of the existing house and the size of the proposed addition would not allow the addition to be placed 4 ft. to the south. Geotten moved to approve the 4 ft. set back variance application of Mark R. Salden, based on the following findings:i 1. The only feasable location for addition given the interior house plan. 2. The location of house on the lot. 3. No further encroachment into a setback area. Motion seconded by McDonald. Vote: Ayes (5), Nays (0). Motion passed unanimously. o L i ^ PLANNING COMMISSION MINUTES OF JANUARY 19, 1981 PAGE-7 Mr. Allenburg was present. Staff noted for the ap­ plicant the City's concern that the subdivision would create a substandard lot. The subdivision and an ad­ ditional aquisition or land by Allenburg from the Wolsfeld's will leave approximately 3 acres to support 2 residential units in a zoning district that requires 2 acres per unit. The Planning Commission advised that the owners must be made aware that a condition of sub­ division approval could require the removal of one residential unit. Allenburg stated he would notify the owner of the City's concern. Fred Herfurth the applicants agent was present. 3taff noted that the 4 outlonts designated on the plat would be combined with the abutting homestead lots. The private road must be upgraded providing a cul de sac that would assure immediate access to all newly created and existing lots. The Planning Commission questioned whether properties that were part of the original plat, Wakefield Farms, should be disignated as exceptions on this current proposal. Herfurth noted that the 20 acre outlet not indicated in present plat was purchased by Warner, the abutting property owner. Goetten questioned the location of Lot 3's point of access on to private road. Herfurth noted he was aware of the sight limitations on the curve of road but this was a private road of limited use and was hoped that this area could serve more than one lot. A public hearing would be scheduled for March 2, 1981. JOHN F. ALLENBURG 1920 6th Ave. N. SUBDIVISION (#592) BRUCE DAYTON 550 Long Lake Rd. SUBDIVISION (#594) John Muehlberg and John Arnott were present. Staff asked for clarification concerning triplex plans submitted with duplex credit application. The applicant stated that they are applying for a triplex conversion of the former Viking Rubber Building. It ic their position that a triplex is the only way to make "project pay". Staff advised that a rezoning to LR-lC-1 would now be required in addition to many variances already noted. The Planning Commission advised the applicants that the chances of getting a project approved requiring some six variances and a rezoning of a quarter acre parcel is very doubtful. The applicants responded by stating the project will fit into the existing pattern of neighborhood development and that it would rid the City of another non conforming commercial use along Navarre Lane. Chairman Hammerel noted that action would be taken on the application at the February 2, 1981 meeting. JOHN MUEHLBERG JOHN ARNOTT 3220 Navarre Lane VARIANCE (#596) i2 w L PLANNING COMMISSION MINUTES OF JANUARY 19, 1981 PAGE-8 Judd Ringer, Conrad V. Schmitt, president of Parkview Centers Inc. and Pat Meyer, the program director were present. Mr. Ringer reviewed his request to sub­ divide a 28 acre lot from a total 50 acre parcel. The subdivision will create a private road outlot and 3 residential lots. Ringer and attending staff mem­ bers described the proposed use for the 28 acre parcel. PERMIT The sight would support a treatment center for the (#595) chemically dependant adolescent from age 12 - 18. The center would function only as an in patient facility providing treatment for a njkimum of 24 patients. The supporting staff including counselors and nurses, would total 10. The entire facility will be served by an on site septic system and an existing 6 inch well. Planning Commission members planned a trip to the St. Louis Park Treatment Center before February 2, 1981 meeting. Staff advised that at the next meeting a more in depthreview of the land use issues should be considered. iJUDD RINGER 2280 Wayzata Blvd. SKETCH PLAN REVIEW ^ SUBDIVISION REZONING CONDITIONAL USE Frahm moved to approve the minutes of December 1, 1980 as submitted. Motion seconded by Goetten. Vote: Ayes (5), Nays (0). Motion passed unanimously. APPROVAL OF MINUTES Dec. 1, 1980 Meeting adjourned.ADJOURNMENT at 11:00 P.M. I #%: ■ *i»*. \ f '•v:i ■ ■ ■ } '• ’ *1 ^