Loading...
HomeMy WebLinkAbout06-01-1981 Planning Minutes.fj \l .;,,S h ' il .V;: . . •.: ^ agenda PLANNING COMMISSION MEETING MONDAY, JUNE 1, 1981 COUNCIL CHAMBERS 7:30 PM Call to Order 1. Call to order/roll Public Hearings 2. 7:30 PM Action #612 A.H. Evans, 575 Oxford Rd. Vacation of flowage easement 3. #617 James McGowan, 3175 Jamestown Rd. Variance 4. #618 C. Rex Welsh, 650 North Arm Drive Conditional Use Permit 5. #619 William Wear, 2160 Wayzata Blvd. Conditional Use Permit 6. #620 Mark A. Morris, 2160 Maple Ridge Lane Conditional Use Permit iw 7. #621 Charles Balgaard, 3435 East Lake St. Variance Information Items ■t 8. 9. 10. #598 H.H. Tearse Jr., 1080 West Perndale Rd. Variance - Mr. Tearse has accepted the recommendation of the Planning Commission and will abide by the standards of the LR-IA zoning district. The application is withdrawn and should be noted in the official minutes. ^^®Presentativestto: Councilvfortne month of June: Tim Adams for Council's June 8th meeting. Gloria McDonald for Council's June 22nd meeting. for"july regularly scheduled meeting 11. Planner's memo - Recodification 12. Malkerson's memo - Special use permit case © MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 1, 1981 The Planning Commission met on the above date. The fol­ lowing members were present: Jabbour, McDonald, Goetten, Adams, Frahro, Rovegno. Chairman Hammerel arrived at 7:40. Jo Ellen Hurr was not present for the Council. Mabusth represented the City staff. ATTENDANCE 7:30 PM Mabusth noted the certificate of mailing and the affidavit of publication. Mr. Watson, Mr. Evan's attorney, stated that the orginal owner never changed the drainage easements at the time of his lot line realignment. Staff went out and restaked the wetlands with previous owners surveyor, but the owner never made the change. Rovegno stated that the City was at fault for not requiring it. Staff e?:plained that the only means available for realigning the drain­ age easement line is to replat. Watson explained that his client only wishes to change the legal description in the flowage easement document and that a new document could be filed by the City. A.H. EVANS 575 Oxford Vacation #612 7:30-7:35 PM Rd. McDonald voted to table this application giving the attor­ ney an opportunity to consult with his client and the City. Rovegno seconded. Vote; Ayes (6), Nays (0). Mrs. McGowan was present along with her contractor Mr. Cleary. Robert Schneck was also present from the audience. Mr. Schneck contends the building of a horse barn at the proposed location on the McGowan's property will decrease the value of his property. A letter from the LaSeurs, the neighbors to the immediate north, was presented to the City stating that they had no objections to the building of the barn. JAMES MCGOWAN 3175 Jamestown Rd Variance #617 Planning Commission stated that to grant a variance for this application they would have to find hardships and that the applicant is responsible for meeting all the standards set forth in the Conditional Use Permit section of the application for horse barns. Jabbour stated that the applicant is entitled to keep three horses because of the size of the land. Adams stated that the land does not contain open pasture. The applicant agreed to move the proposed horse barn from the north property line, such location would not involve the removal of trees. It was also noted that the 78 ft setback would place it in a more central location. Mr. Cleary stated that the barn could not be placed to the east of the house because of the location of the drain- field and the topography also is too steep which would make it difficult for construction. Rovegno moved to recommend approval of the variance set- back of 72 ft,for the proposed horse barn of the Vl:3 ANCE IVANS :ford Rd. .on ':35 PM i ; -T MCGOWAN lames town Rdl ice MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 1, 1981 Page 2 James McGowans, based on the hardship of the shape of lot, the location of the drainfield, topography to tne east and based on the following findings: 1) No factual evidence of the diminution of the property value claimed by the property owner to the west. 2) Proposed keeping of horses is consistent with the intent of the comprehensive land use plan for the rural area of the City and consistent with the comprehensive park plan based on the proximity of horse trails within the Baker Park Reserve. Adams seconded. Vote: Ayes (7), Nays (0). Jack Vest, Mr. Welsh's attorney, was present. Staff re­ viewed that there was never a dock constructed on the property and that the applicant contends that they are unable to bring a boat into the area because of the shal­ low waters in the area. McDonald stated that everyone is having problems with the lake being very low this year. She advises that the dis­ turbing of the bottom of the lake will destroy the natural wild life and the fish spawning in the area. Bill Wear who was present for another application, stated that he remembered dredging of the channel before and that there was a dock at that time. Jabbour stated that it was difficult to imagine that there was a dock since there was no house. 9 Frahm noted in the previous setback variance application that Welsh submitted a letter stating that he would con­ struct a dock meeting all the L.M.C.D's requirements and the Council's minutes reflected a forewarning to the ap­ plicant about the possiblity of dredging. McDonald asked how long a dock would have to be to bring Mr. Welsh into navigable waters. Mr. Niccum stated that the dock would have to be 150 ft. C. REX WELSH 650 North Arm Dr. Conditional Use Permit #618 W4-'\ *■ ' ' “v ■'V’ Hammerel moved to deny the Conditional Use Permit for dredging based on the findings that there was no evidence of a legal dredging permit being issued at that site and the previous warning given to the applicant concerning the dredging and the construction of a dock noted in the Council minutes of October 10, 1978. Jabbour seconded. Vote: Ayes (7), Nays (0). ■; • ‘i bi > ■ •. .;/=--v-^.;.7-: *r; isns:i: r#)lT<il •ItUI [•iar#rci« M%J9\gitni M%U\ [•V r#lciiY«TfVi^ rt»^cT«urtr«i :iri: »niT«n •lAi •;: ■■ ... .■•■ iOiir«i»rs^ ^:- ■ . ^-: :.v.; •■ .-•• C';/[•liar# I :‘V=, = \;v •• .■:mim •VXcXtHiC*r«v«i •riiiir#• Hi I •1«T« MINUTES OF THE PLANtiING COMMISSION MEETING OF JUNE 1, 1981 Page 4 WEAR yzata Blvd. onal Use MORRIS pie Ridge onal Use wl's the owner CHARLES BALGAARDwas asked to remove an out house Sn the propert^burthe out house still remains. The current application a^s for a minimal improvement of installing a shower, stSol^Ld sink to make the residence legally habitable. Mr Balaaard » compositAg toile? In"that Mike Gaffron reports the syst.nn to be acceptable lid flll'wi?,- „^'’®.9ray water holding tank of a 2,loS ginlf mia require 3 pump every 3 weeks. This figure is based on no laundry being done in his house. The Planning pll^llly?" foUill Frahm was concerned with the controls of resale. Ifr Vt, the^houL?^^^^^^^ ^ member family bought Rovegno stated that other lots in this area will try to do the same thing. McDonald said to deny the property owner the rich*- to fully adequate septic system would be unfair and in a ^ sense taking away his rights as a property owner. Balgaard stated that this is an ecologically sound pro­ ject and that he is proposing the toilet of the future. Adams stated that based on the standards of the zonina district most of these lots should be combined to in­ crease the size of these lots. And that this is a non-conforming structure because of the location with­ in the 0-75 ft setback area. Rovegno stated that at the present time the lots are being sold as a non-conforming buildable lot and that a sep- tic improvement would be in effect approving a very substand­ard lot area as a buildable lot. ^ supstand Frahm moved to grant approval of the septic variance permitting a holding tank and a 50 ft. separation be­ tween holding tank and well based on the conditions that he septic improvement be limited to a composting toilet f approved by the City along with a sink and shower, and to grant a Conditional Use Permit for the non-con- rorming structure such Conditional Us a Permit will limit the future use of that structure to the following: 1) No additions on the existing structure. 2) No additions to the proposed mlnjmal plumbing system, 3) No additional hardcover allowed on the lot. These conditions shall be filed against the title of the property as special deed covenants. 3435 East Lake St Variance #621 v-^ MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 1, 198 McDonald seconded. Votes Ayes (3), Nays (4). Motion ^ failed. Rovegno moved to deny the variance application of Charles Balgaard although this is a very appealing concept of the holding tank - gray water system but this is a non- conforming, uninhabitable structure on a severely sub­ standard lot in a neighborhood surrounded by failing systems all located within the flood plain. The City has historically denied variances for lots that do no meet the required standards - this loi is effectively an empty lot and unbuildable. The owner is responsible for removing the out house immediately and filling in the excavation. m. Goetten seconded. Vote: Ayes (6), Nays (1). Minority opinion - McDonald - This is a very critical area within the City and the holding tank with minimal indoor plumbing improvements appeared to be the first feasible solution for the septic problems of the neigh­ borhood. By denying this application the City is ef­ fectively condemning all the properties on East Lake Street. Historically, this City has always dealt with the problems of substandard lots with existing structures? this is not a request to construct a new home. Frahm moved to formally deny H.H. Tearse’s request to use the LR-lB standards to construct a home in a Lr-lA zone. Applicant withdrew his variance application and has agreed to build according to the approved stan­ dards of the district. Hammerel seconded. Vote: Ayes (7), Nays (0). Rovegno moved to approve the minutes of May 18, 1981 as amended. Hammerel seconded. Vote: Ayes (7), Nays (0). Gloria McDonald was appointed to attend the Council meet ing of June 22, 1981. Meeting adjourned at 10:30 PM.