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HomeMy WebLinkAbout04-07-1980 Planning MinutesAGENDA ' ■' ;?-v . mm-urm-- PLANNING COMMISSION MEETING MONDAY, APRIL 7, 1980 COUNCIL CHAMBERS 7:30 P.M. "■ :". .. •• • " •.• ' . •■■••.■ -. • •• ••••••V .••-•• ■. - tv CALL TO ORDER 1. Call to Order/Roll ACTION ITEMS 2. #538 Carol Moore/Richard Hawkinson, 4701/4625 West Branch Road PRELIMINARY SUBDIVISION 3. #539 James Rivers, 1440 Shoreline Drive - REZONING 4. #542 Don Udell, 1210 Loma Linda Avenue - VARIANCE 5. #543 Loren Butterfield, 3925 Watertown Road - CONDITIONAL USE PERMIT 6. #548 Milton Seifert, 1856 Shadywood Road - VARIANCE r ^7. #549 C. Arnold Carlson, 855 Forest Arms Lane - BUILDING PERMIT REVIEW 8. #550 H. R. Johnston, 925 South Willow Drive - LAND TRADE WORK SESSION 9. #544 Fred Ryan, 1345 North Arm Drive - VACATION 10. #547 John D. Albers, 1111 Tamarack Drive - CONDITIONAL USE PERMIT & VARIANCE APPROVAL OF MINUTES 11. Meeting of March 17, 1980 INFORMATION ITEMS 12. Comprehensive Plan Review for City of Long Lake 13. Joint Planning Commission/Park Commission Meeting with Gunnar Isberg on April 8, 1980 at 7:30 P.M. Marina Coiumittee Meeting - April 9, 1980 at 4:00 P.M. ♦ # o C MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 7, 1980 The Planning Conunission met on the above date. Present were the following members: Chairman Hammerel, Jabbour, Frahm, Adams and Hannah. Mabusth represented the City staff and Hurr represented the Council. ATTENDANCE 7:30 P.M. Mr. and Mrs. Moore and Mr. Hawkinson were present. Mabusth stated that the letter from Hennepin Cty. had been misinterpreted. The County has no problem with the access as proposed for a three lot division. Some preliminary septic testing has been done, but further borings and a full set of percolation tests need to be done later this spring so any preliminary approval should be contingent upon receipt of this information and review by the on-site systems manager. MOORE/HAWKINSON 4701/4625 West Branch Rd PRELIMINARY SUBDIVISION (#538) Frahm moved to recommend preliminary approval based on the following conditions: 1. 2. Additional septic testing submitted and reviewed before final approval. Existing access for three lot division approved by Hennepin County. 3. 4. Plat road to be designated as a 50' wide outlet with gravel base, 5-ton capacity. City to acquire underlying road and utility easement. Dedication on the plat of 40' right of way for West Branch Road and 30* right of way for Highview Lane. 5. 6. Flowage and Conservation Easement over the designated wetlands. Approval of the required setback variances for the animal barn; a) 80' Lot 2 and b) 20' Lot 3, based on hardship of the location of the access road. Motion seconded by Adams. Vote: Ayes (5) , Nays (0). Motion passed unanimously. Wilson arrived 7:35 P.M. ■* L iiitftfrlitfiiMiiiiTiiit 0 MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 7, 1980 - PAGE 2 Mr. and Mrs. Rivers and Mr. Louis Oberhauser were present. Hairanerel stated that the license application was before the Marina Committee and the Council for review and that tonight the Commission would address the rezoning issue. The site plan for 1980 was requested solely for the purpose of reviewing the extent of the commercial use. Mabusth noted that letters favoring the rezoning had been received from the following people and were on file at the City office: JAMES RIVERS 1440 Shoreline Drive REZONING (#539) Dick & Mickey Pula, 2015 Webber Hills Road Elmer Conover, 1489 Shoreline Drive Robert Schmitt, 1475 Shoreline Driv*' Jerry & Julie Carlson, 170 Smith Aveiiue Tom & Marty McCune, 2150 Shevlin Dri\e David Duff, 1420 Shoreline Drive P. J. Golden, 1380 Railroad Avenue ■■■ r---' X V b-; ,-2y;-:;v.:y :::v: y -A .‘y-V. m':'/ Mr. Rivers stated that the new plan would use less surface area of Lake Minnetonka. The main discussion was how to restrict the commercial use of the land. Wilson did not feel a "developers agreement" (covenant) was permanent enough. Oberhauser suggested an open space easement filed with the property designating the necessary limits on commercial use of the property. Planning Commission agreed with this concept. m§ Wilson moved to recommend approval of the rezoning of A, B, C, D, &Eto B-2 subject to an open space easement (opinion of City Attorney sought to review the method) restricting the use of the entire B-2 property (present and proposed) to include the following conditions;W 1.Total square footage of existing buildings would not be increased although configuration could change. 2.Hardcover would not be increased (including graveled area). 3.Dock Use Area on Tanager Lake not to exceed present length or number of slips. Motion seconded by Adams. In discussion, Jabbour felt that the number of slips should not be restricted as he felt Mr. Rivers should have the flexibility in docking boats of different sizes between Browns Bay and Tanager Lake which he felt was reviewed with • the annual license. However, the consensus of the Commission was they wanted to include this restriction in the motion. Vote: Ayes (6) , Nays (0) Motion passed unanimously. # MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 7, 1980 - PAGE 3 Mr. and Mrs. Udell were present. Staff recommends DON UDELL approval be contingent upon the combination of all 1210 Loma Linda Avenue five lots. Mr. and Mrs. Udoll were opposed to the combination of all five and through further discussion a combination of Lots 1 & 2 and 3-5 was agreed upon by both the Commission and the Udells. It was noted that there was no hardcover problem with this application. Howe" r. the consensus of the Commission was they would not approve a variance for a building over 1,000 s.f. Udells were told that they could build an attached garage to their residence and if they met the 10' setback would not even need a variance. At this point they indicated they would like an opportunity to look into this possibility. Hammerel moved to table this application for submittal of plans if a variance is necessary or if none are required the applicant can apply for a building permit. Motion seconded by Jabbour. Vote: Ayes (6), Nays (0) Motion passed unanimously. VARIANCE (#542) m 'i, ■ :’r ' . r ••r. •Jy Mr. Butterfield was present. Mabusth briefly reviewed the request. Planning Commission had no problem with the application. Hannah moved to recommend approval of the conditional use permit as no variances are required. Motion seconded by Frahm. Vote: Ayes (6), Nays (0) Motion passed unanimously. LOREN BUTTERFIELD 3925 Watertown Road CONDITIONAL USE PERMIT (#543) Mr. Seifert's representative, Mr. Freeberg, was present. No public comments were heard. The proposed plaoi will be a reduction in hardcover of about 10%. Consensus of the Planning Commission(#548) was that they could not approve the variance with such an excessive use of the land. They questioned if there was a possibility that the structure within the 75' lakeshore setback could be removed in lieu of the variance being approved. Mr. Freeberg stated he would convey these concerns and questions to Mr. Seifert- Hammerel moved to table the application pending receipt of additional information and direction from the applicant. Motion seconded by Hannah. Vote: Ayes (6), Nays (0) Motion passed unanimously. MILTON SEIFERT 1856 Shadywood Road VARIANCE *» w © 1 MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 7, 1980 - PAGE 3 Mr. and Mrs. Udell were present. Staff recommends DON UDELL approval be contingent upon the combination of all 1210 Loma Linda Avenue #»• _ _ ___five lots. Mr. and Mrs. Udoll were opposed to the combination of all five and through further discussion a combination of Lots 1 & 2 and 3-5 was agreed upon by both the Commission and the Udells. It was noted that there was no hardcover problem with this application. Howe', the consensus of the Commission was they would not approve a variance for a building over 1,000 s.f. Udells were told that they could build an attached garage to their residence and if they met the 10’ setback would not even need a variance. At this point they indicated they would like an opportunity to look into this possibility. Hammerel moved to table this application for submittal of plans if a variance is necessary or if none are required the applicant can apply for a building permit. Motion seconded by Jabbour. Vote: Ayes (6), Nays (0) Motion passed unanimously. VARIANCE (#542) m ♦ Mr. Butterfield was present. Mabusth briefly reviewed the request. Planning Commission had no problem with the applicatio:•i'l. Hannah moved to recommend approval of the conditional use permit as no variances are required. Motion seconded by Frahm. Vote: Ayes (6), Nays (0) Motion passed unanimously. LOREN BUTTERFIELD 3925 Watertown Road CONDITIONAL USE PERMIT (#543) Mr. Seifert’s representative, Mr. Freeberg, was present. No public comments were heard. The proposed plan will be a reduction in hardcover of about 10%. Consensus of the Planning Commission(#548) was that they could not approve the variance with such an excessive use of the land. They questioned if there was a possibility that the structure within the 75’ lakeshore setback could be removed in lieu of the variance being approved. Mr. Freeberg stated he would convey these concerns and questions to Mr. Seifert. Hammerel moved to table the application pending receipt of additional information and direction from the applicant. Motion seconded by Hannah. Vote: Ayes (6), Nays (0) Motion passed unanimously. MILTON SEIFERT 1856 Shadywood Road VARIANCE 4 m 9 m Minutes of a planning commission meeting held on april 7, 1980 - page 4 C. ARNOLD CARLSON 855 Forest Arms Lane BUILDING PERMIT REVIEW (#549) H.R. JOHNSTON 925 South Willow Drive LAND TRADE (#550) Mr. and Mrs. Carlson were present. The channel dredging was the main issue. Frahn noted that he felt the timing of the dredging was important. Was it dredged before or after plat approval? If riparian rights were given to these lots, how would it affect the lots on the other side of the channel? Hammerel moved to table this application pending a report from staff on the ownership or status of the land on the west side of channel and review of files determining factually when the channel was dredged in relation to the platting. Motion seconded by Adams. Vote: Ayes (6), Nays (0). Motion passed unanimously. Wilson vacated his seat as his firm represents Mr. Johnston. Mabusth reviewed Mr. Johnston's letter in which he requests trading a one—acre parcel of his land for an acre of land owned by the City. The City owned property is located at the most western edge of a land peninsula and acquisition of the remainder of the peninsula would allow a more efficient division of the land. It was explained that nothing definite could be decided until the M.W.C.C. determined what would be retained of the sewer facility. Planning Commission conceptually approved of the proposal. Mr. Ryan was present. Total area involved is FRED RYAN 1/2 to 3/4 acre. Hurr questioned if this land 1345 North Arm Drive might not be a possible rest area if a bike trail VACATION - 'Work Session were developed along North Arm. It was questioned (#544) about the legality of vacating park land - opinion of the City Attorney was requested. Planning Commission felt there should be written verification of the noise problem - i.e. notification to Police. Was the vacation a reasonable solution for curtailing these abuses or was there another alternative? It was also mentioned maybe only the road area, not the park area, should be vacated. A Public Hearing has been scheduled for April 21, 1980. 1 a t.--: I ’