The URL can be used to link to this page

Home My WebLink About03-17-1980 Planning MinutesTV 'Wf' AGENDA a T • • *? * PLANNING COMMISSION MEETING MONDAY, MARCH 17, 1980 COUNCIL CHAMBERS 7:30 P.M. ,.-x- W-.>'..V^-' .. .V/--:c£4v"- :? . -.V :'V ' ?■!I? CALL TO ORDER/ROLL 1. Call to Order/Roll |fti| PUBLIC HEARING AND PUBLIC INFORMATION MEETINGS 2.7:30 P.M.#538 3.7:45 P.M.#539 4.8:00 P.M.#541 ACTION ITEM ^ 5.#542 Don Udell Road - SUBDIVISION Drive - SUBDIVISION WORK SESSION 6. #543 Loren Butterfield, 3925 Watertown Road > CONDITIONAL USE PERMIT APPROVAL OP MINUTES 7. Meeting of March 3, 1980 > INFORMATION ITEMS 8. Letter from Thomas Frahm stating his position on #539 & #541 as he will not be at this meeting. 9. Comprehensive Plan Draft -* Special meeting with Gunnar Isberg, planner, scheduled for April 8, 1980 at 7:30 P.M. 10. Information on Minnesota Planning Association Annual Conference to be held April 9 - 11, 1980. t- e ?; -7v V.:..'' -r' # * i d \ • ^ MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 17, 1980 The Planning Commission met on the above date. The following members were present; Chairman Hammerel, McDonald, Jabbour, Hannah and Wilson. Mabusth represented the City staff. Adams arrived at 7:40 P.M. Hammerel announced the Public Information Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. and ^^rs. Moore and Mr. Hawkinson were present. Also present were the following neighbors; Don and Florence Peterson, 4680 West Branch Road, who were only there for information about the proposal. Septic reports have not been received. The proposed access does not meet the County's minimum sight distance requirement of 570 feet for 45 mph and would have to be relocated. The Moores and Hawkinson were opposed to moving the access. It was questioned as to what the required sight distance would be if the speed limit was reduced to 35 mph and if that would be a possibility? Both applicants felt changing the speed limit would be preferred over changing the access location. Another possibility raised was access through the Valek road. Jabbour moved to table this application until the appliccmt can contact the Hennepin County Highway Department regarding the access situation and possible alternatives and upon receipt of pending septic testing reports. Motion seconded by Hannah. Vote; Ayes (6) , Nays (0) . Motion passed unanimously. Hammerel announced the Public Hearing. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. and Mrs. Rivers, and their attorney Mr. Oberhauser, were present. Also present was D. J. Russell, 1487 Shoreline Drive. He questioned if the rezoning was done, would the residential use still be permitted? He was told it would continue as a non-conforming use, Mr. Russell made the following comments regarding the rezoning application; 1. 2. 3. ATTENDANCE 7;30 P.M. CAROL MOORE/ RICHARD HAWKINSON 4625/4701 West Branch Road SUBDIVISION Public Information Meeting 7;30 P.M.-7;40 P.M. (#538) JAMES RIVERS 1440 Shoreline Drive REZONING Public Hearing 7;55 P.M.-8;30 P.M. (#539) 4. The property has been a marina as long as he can remember - back to the 1930*s. Mr. Rivers has done a good job of upgrading the property and has not caused anyone any problems. The proposal is not increasing the number of cars over the past two or three years. Generally, the marina is an asset to the neighborhood. IRE/ [AWKINSON . West lad ON iformation -7:40 P.M. 7ERS reline Driv< Baring .-8:30 P.M. V ]|' f T ^ ' ■ i' • 'V*.. MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 17, 1980 - PAGE 2 Mabusth stated that Council had informed her that Mr. Rivers had requested the property zoned as residential when he applied for a building permit. Oberhauser felt the Council was incorrect on this point. Mr. Oberhauser presented a telegram from Mr. Lehtinen, owner of Parcel C, as a signature supporting the application. Mr. Rivers stated the reason for the rezoning was to satisfy the parking requirements and to realj-a .ho zoning with the use in existence since 1930. Applicant submitted aerial photos documenting this use since the early 1950’s. JAMES RIVERS 1440 Shoreline Drivel REZONING Public Hearing (#539) Cont. Tom Frahm had submitted a letter stating his position on the rezoning because he was unable to attend: "I do not believe we should rezone the entire property. I suggest: A) Rezone area on the Browns Bay side of 15 to commercial, and B) Give Windward Marine a conditional use permit for parking on the Tanager Lake side of 15 and preserve the residential zoning”. Wilson and Jabbour stated they agreed with Frahm's position. McDonald stated she was concerned about expansion of lake and land use, she felt the residential zoning was a way of limiting commercial use. Adams stated that rezoning may not be the answer to a limited commeiciai use of the property. He asked the Planning Commission to consider recognizing the entire operation as a non-conforming use and grant the applicant a conditional use permit - in this approach control of the commercial use is assured. Mr. Rivers stated the LMCD would not permit more docks on Tanager Lake side. McDonald requested a letter from the LMCD stating that position. After failure of a second for a motion to approve the rezoning, McDonald moved to table the request until the 1980 Marina license application and dock plan had been submitted so they can be reviewed together. Motion seconded by Hammerel. Vote: Ayes (5) , Nays (1) Wilson opposed the tabling as he felt the dock layout question was irrelevant to the rezoning request. m?' .-• 4f.: ¥ AGE 2 ’ill* RS ^ line Driv( MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 17, 1980 - PAGE 3 ring nt. ■ .«/ '. .-' . ■ .i fi Hammerel announced the Public Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. Burton and Mr. Bastyr were present. Mr. D. Russell, 1487 Shoreline Drive, and Mr. and Mrs. James Rivers, 1444 Shoreline Drive were also present. The new plan does not incorporate the County Road 15 realignment. Outlets are now shown as two on Smiths Bay and the developer will seek an additional riparian outlet on Tanager Lake of 200' width for Lot 6. The Planning Commission was concerned with approving the substandard outlets with riparian rights as many similar outlets have been denied. In discussion regarding the road, Mabusth again stated that the City was against the realignment of Cty. Rd. 15 as the access would become more hazardous due to higher speeds. Mr. Russell expressed the desire for some type of realignment to accommodate a walk-bike path. No written response has been received from Hennepin County Highway Department. There was some discussion regarding tabling this item until the input was received, but Bastyr requested that action be taken at this meeting. Planning Commission appreciated the developer's position, but they do not have the authority to interpret the ordinances except in the strictest sense. Adams moved to recommend approval of the plat as submitted with the following conditions: 1. Access must be approved by Hennepin County. 2. Only one outlot, with full riparian rights, allowed because of prior existence but must contain 200' of lakeshore width. Motion seconded by Jabbour. Vote; Ayes (6), Nays (0). Motion passed unanimously. Mr. and Mrs. Udell were present. Mabusth stated her review only took into consideration the Udell residence. She questioned if the Commission wanted the rental units included in the review. The Planning Commission did want the rental units included. The majority of discussion pertained to the numerous junk car complaints and an outstanding building permit on one of the rental units. Jabbour questioned the multiple use of the lots (Udell's garage and a rental unit) - how should this situation be, handled? Could and should these lots be combined? The applicants stated the hardships were the topography and location of the existing garage structure. H IAMINISTERS LIFE ■DEVELOPMENT COMPANY 1484 Shoreline Drive SUBDIVISION M Public Information Meeting (#541) 8:50 P.M.-9:02 P.M. n-. DON UDELL 1210 Loma Linda Ave. VARIANCE (#542) >AGE 3 LIFE JT COMPANY h 5line Drive )N formation ii -9:02 P.M ► r.. m I [ '■' m .i MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 17, 1980 - PAGE 4 Jabbour moved to table this application until the Planning Commission can receive guidance on the multiple uses and to allow.staff time to prepare documentation of existing violations and/or variances on the property. Vote; Ayes (6), Nays (0). Motion passed unanimously. Mr. Butterfield was present. The Planning Commission had no problems with the proposal and gave conceptual approval. DON UDELL 1210 Loma Linda Ave. VARIANCE (#542) Cont. LOREN BUTTERFIELD 3925 Watertown Road CONDITIONAL USE PERMIT Work Session (#543) Jabbour moved to recommend approval of the Minutes as submitted. Motion seconded by Wilson. Vote; Ayes (6), Nays (0). Motion passed unanimously. APPROVAL OF MINUTES Meeting of March 3, 1980 w.'I 10;30 P.M.ADJOURNMENT Linda Ave. : ■ ' ■ V i.': V .-vv: ^I • .. • . • ... 1: 'i A- ' ^ S,'"a5|;fe i: • . ■■ 'h •V • ^ »r ;i- .... • ■'• v:- :