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HomeMy WebLinkAbout07-20-1981 Planning Minutes:r 9 ■w? '«V' AGENDA PLANNING COMMISSION MEETING COUNCIL CHAM3ERS 7:30 PM MONDAY, JUIY 20, 1981 Council representative - Mary Butler Call to Order 1. Call to order/roll Public Hearing Preliminary Subdivision © 2.7:30 Action 3.#612 4.#627 5.#628 6.#631 7.#632 8.#633 9.#635 Work Sess 10.#634 11.#636 12.#638 Vacation of Flowage Easement Variance Variance Variance Variance Variance Variance © Sketch Plan Review - Subdivision Audrey Ogland, 2601 Casco Point Road Work Session - Conditional Use Permit David Stearns, 2171 Shadywood Road Work Session - Subdivision Commercial Site Plan Review 13. #637 Lorraine Nordblom, 2535 Shadywood Road Site Plan Review o * V ■ (Page 2) Information Items J AGENDA 14. Plaiming Commission representative to Council meeting of July 27, 1981 - George Rovegno Approval of Minutes 15. Approval of the minutes of June 15, 1981. City of Orono, Mvmesota SirMi Mmfaaiing Mac Map © 7:30 PM CHUCK VAN EECKHOUI 1025 No. Brown Rd. Preliminary Subdivision 7:30 - 7:40 PM #626 MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 1981 ^Jrhe Planning Commission met on the above date. The following ATTENDANCE members were present; Chairman Hcunmerel, Frahm, Goetten, McDonald, Rovegno, and Jabbour. Jeanne Mabusth represented the City staff, Mary Butler from the City Council was also present. Mr. Charles Van Eeckhout was present. The following neigh­ bors were also present: Rich & Sally Valiton of 2135 Cty. Rd. 6; Gary & Lyle Cox of 925 No. Brown Rd.; and Ruth McPherson of 2145 Sixth Ave. North. Van Eeckhout noted that he had not received the necessary perc testing for the property. Mabusth noted that all preliminary approval would have to be heldback until the testing was submitted because of the need to confirm all lot line locations at the time of preliminary approval. Sally Valiton stated that they kept animals on their property, and with a residential area going in there there was bound to be some complaints from future neighbors. Rich Valiton wanted to know what the potential density was of this property. He also wanted to know how close they could put the well to his property line. McPherson wanted to know what the setbacks were? ^iicunmerel moved to table Charles Van Eeckhout's application for a subdivision pending receipt of additional septic information for staff review. Rovegno seconded. Vote: Ayes (6), Nays (0). Mr. Watson, applicant's attorney, was present. Jabbour moved to approve A.H, Evans application for a par­ tial vacation of a flowage easement subject to the applicant entering into a flowage and conservation easement with the City. Goetten seconded. Vote: Ayes (6), Nays (0). Gary Beito and Hans G. Weiler were present. Both applicants were advised of the City's firm policy in considering sub­ standard lot area and lot width where additional land is available and that this body could not recommend approval of their variance applications. Weiler noted the following: 1) sewer stub for lot 2) separate address 3) increase in taxes, suggested lakeshore lot A.H. EVANS 575 Oxford Rd. Vacation of Flowage Easement #612 GARY E. BEITO 1141 Elmwood Rd. #627 Variance & HANS G. WEILER 1137 Elmwood Rd. #628 Variance l^pplicants were advised at this point that if they withdrew "-pthere would not be any need to make a determination on their application and that they could continue in the use and enjoyment of the property as it is. 1 I K I MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 1981 Page 2 0^oth applicants stated that the increase in taxes have forced hem to apply for a lot area and lot width variance. It was noted for the record that the applicants had read the planner's memo prior to the Planning Commission's action. Rovegno moved to deny these variance applications subject to the substandard lot width and lot area and based on the lack of sufficient hardship and findings noted in the planner's ■gm memo: 2) 3) 4) 5) m The owners have received substantial benefit in the use of these lots for private lakeshore access purposes. A substantial property value remains in each lot since it can be sold for combination with the other. These individual lots are not unique or special since all nearby building sites (except Heit lot 8) have been created by combination of 2 or more lots similar to these. Neither lot has been assessed for sewer as a separate building site. Granting of two adjacent 50' lakeshore lotsLn a 140 ft minimum district is contrary to the intent of the zoning code. Combination into one 100 ft. wide lot would at least meet the minimum DNR shore- land management regulations, the LR-IC h acre dis­ trict lot width, and be similar to most nearby lakeshore lot widths. Frahm seconded. Vote: Ayes (6), Nays (0). Applicant seeks a 5 ft. variance from the street for the locating of a detached garage. The proposed location ...11 afford the necessary 30 ft. turnaround to prevent the backing out onto Rest Point Lane. The applicant will be ‘ responsible for relocating the gas line. RICHARD P. MICH 1373 Rest Point Lr Variance #631 Jabbour noted that the location of the gas line is not a hardship. The applicant noted the following hardhsips: 1) several mature trees 2) steep topography 3) location of existing structures Frahm moved to approve the 5 ft. setback variance based on the hardships stated above and subject to the gai line being relocated. r - : \1 McDonald seconded. Vote: Ayes (6), Nays (0). O MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 1981 Page 3 w McDonald moved to table the application of Charles Hommeyer at the request of the applicant. Jabbour seconded. Vote; Ayes (6), Nays (0). Thomas L. Ammerman was present. The following neighbors were also present: Mr & Mrs. Jon Nelson of 3460 North Shore Drive; May Erler of 3448 North Shore Drive; Harold Brouelette of 3470 North Shore Drive; and Doris Stellmacher of 3480 North Shore Drive. The variance application in­ volves a lot area and lot width variance because of the extent of the proposed improvement of more than 50% of the assessed fair market value. The applicant proposes to extend 6 ft. into his lakeshore setback area and to con­ struct a second story above his 600 sf ft. cabin. Brouelette asked if there were any provisions from blocking solar homes being next door to each other? Mabusth noted that this proposed improvement involves a 6 ft. extension into the lakeshore setback area and would involve a variance to the average lakeshore setback of the existing homes on each side. Ammerman would be res­ ponsible for a survey to certify the average setback line before any determination can be made by this body. O The Planning Commission questioned the hardcover cal­ culations in the review and asked staff to recheck them. Hammerel moved to table the application until the appli­ cant could submit a survey certifying the average setback line and staff to recalculate the hardcover both existing and proposed. Goetten seconded. Vote: Ayes (6), Nays (0). Alden Anderson was present. The following neighbors were also present: A1 Aschenbeck of 1930 Shoreline Drive; Greg Coward of 1950 Herritage Drive; and Julie Prineas of 1980 Herritage Drive. Anderson seeks a lot area and lot width variance to build on a tract of land that has been in common ownership since 1953. CHARLES HOMMEYER 477 Park Lane Variance #632 THOMAS AMMERMAN 3458 No. Shore Dr. Variance #633 •S' ■ '..'VN ■ ' ij. ’ ALDEN ANDERSON 1900 Shoreline Dr. Variance #635 Anderson presented for the review of the Planning Commission the original deed for the proposed use of the property. He was advised that this was not the body to make any judge­ ments concerning the deed but that it was their understanding that any new development would be subject to the current zoning standards. Lots in common ownership must meet 100% of all lot standards. Anderson asked the City to consider the following points in this review: » » - MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 1981 Page 4 O 1 -In 1953 at the time Anderson purchased his residence on Tract C, Tract E was to be sold as a separate buildable lot. ANDERSON (CONT.) 2 - 3 - Anderson has held on to the lot to build a retirement home - house on Tract C is much too large for retired couple Tract E was never combined and never received a tax benefit 4 - 5 - Foxhill plat - subdivided in 1960's -■ lots are on the average a minimum 1 acre in area *• no septic failures On site septic inspector states thuiie is adequate area and suitable soi.ls to sustain an on site system for Tract E. • '-^ v - t. ■ / Jabbour asked what were the hardships if they granted a variance? Applicant has not demonstrated any hardship. Jabbour recommends denial of Alden Anderson variance application because of the lack of sufficient hardship demonstrated. Frahm seconded. Vote: Ayes (5), Nays (1). Minority Opinion - McDonald - McDonald stated that she did not think that by approving this application that it would impair the public health, safety, comfort, morals or general welfare. It meets 90% of required area of 2 acre zoning. This amount of land can handle septic systems ad**quately. It is a reason­ able use of that amount of land - after listening to Mr. & Mrs Anderson, a vote of denial would be unreasonable. See the five points made by Mr. Anderson. Jabbour stated that they were there to hear the facts and that Council is to make the political decisions. Rovegno moved to reconsider motion. McDonald seconded. Ayes (2), Nays (4). Motion failed. Applicants were not present during the review but arrived later. Mr. Gehrman was present for the review. Mabusth noted that it would simplify the review if we were to consider the subdivision a lot line rearrangement involving four property owners. The illegal unapproved subdivision resulted when the ''TMG” firm sold off the subject parcels without City approval. Mr, Winters proposes construction of a single family residence on 80 + acres and has been asked to complete a subdivision to set the record straight. He has agreed to apply for a formal plat. A public hearing is set for 7:30 PM Monday, August 3, 1981. No action required. CRAIG WINTERS 4100 Sixth Ave. Nc Subdivision #634 i i i. I j I" MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 1981 Page 5 Applicant was present along with some faunily members. Application involves a conditional use permit for an apartment to be constructed above a garage. Mabusth noted in fact that this would be creating a guest house, and a guest house requires the same area and lot width as a new residence. This lot can not meet those requirements. Rovegno noted that if the moth*=‘r-in-law house could be constructed in the greenhouse area thereby being attached and part of the principal structure with the required access through the principal structure that we could satisfy the code requirements. Applicant was asked to submit revised plans noting the sug­ gested changes in the plans for the August 3, 1981 Planning Commission meeting. No action was required. Applicant was present. The Planning Commission reviewed the proposed 2-lot plat. All standards have been satis­ fied. Mabusth noted that the only question for prelimi­ nary review was that the front setback should be 30 ft. instead of 35 ft. A public hearing was scheduled for 7:45 PM Monday, August 3, 1981. Mr. Lorraine Nordblom was present. Mabusth noted the two concerns for the site plan: ^ 1 - additional 20 ft. of parking turnaround for the end stalls 2 - reconcile question of proposed access and need to retain a clearly defined access driveway to residential lot 3 to the road. A preliminary review done by the Hennepin County Highway Department suggested that the 24 ft. driveway easement could be relocated along the mutual lot lines of 1 and 2. Nordblom was against this suggestion because it would be too confining in consideration of future expansion plans of the building and they may sell off one of the lots. Planning Commission asked for more clarification concerning the question of selling off lot 2 since the office building project's parking requirements are satified by the parking stalls designated on lot 2. Jabbour stated that a condition of approval must be to combine the lots prior to the issuance of a building permit. Nordblom agreed. AUDREY OGLAND 2601 Casco Pt. Rd. Conditional Use Permit #636 DAVID STEARNS 2171 Shadywood Rd. V’ork Session Subdivision #638 LORRAINE NORDBLOM 2535 Shadywood Rd. Site Plan Review #637 0 George Rovegno was appointed to be the Planning Commission REPRESENTATIVE TO representative to the Council meeting of July 27, 1981. GO TO COUNCIL ^ • • 4i MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 1981 Page 6 Hammerel moved to approve the minutes of June 15, 1981. Rovegno seconded. Vote: Ayes (6), Nays (0). The Planning Commission adjourned at 10:10 PM. V . . I'j. - -i w I- ^ . 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