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HomeMy WebLinkAbout05-09-1980 Planning MinutesJ - V k4 *• . . :'• &^’Crr:< >-:' . ' j'%^ v-x ;;. .: ^i';; - .; • k^\iJ h^v^ -rf^r/yj - :•, r:; v/. AGENDA ^ A, 4;.^ i . . .■:: ./.' ■• .-V ;:. : =»■ \ ••■ PLANNING COMMISSION MEETING MONDAY, APRIL 21, 1980 COUNCIL CHAMBERS 7:30 P.M. CALL TO ORDER 1. Call to Order/Roll PUBLIC HEARING 2. 7:30 P.M. #544 Fred Ryan, 1345 North Arm Drive - VACATION ACTION ITEMS 3. #405 Frank Routson, 280 Leaf Street - FINAL SUBDIVISION (Resolution) L.^'4 4. #547 John D. Albers, 1111 Tamarack Drive - CONDITIONAL USE PERMIT 5. #549 C. Arnold Carlson, 855 Forest Arms Lane • BUILDING PERMIT REVIEW #550 H. R. Johnston, 925 Willow Drive South - LAND TRADE 7. #553 Kirk Grones, 3580 Livingston Avenue - VARIANCE nr WORK SESSIONS 8. #545 Bruce Hepp, 2605 West Lafayette Road - SUBDIVISION 9. #551 John L. Brooks, 795 North Ferndale Road > SUBDIVISION SKETCH PLAN REVIEW 10. #552 Kenneth Harter, 3120 North Shore Drive - SUBDIVISION APPROVAL OF MINUTES 11. Meeting of April 7, 1980 INFORMATION ITEMS c 12. P.C. to call Public Hearing on Comprehensive Plan for 7:30 P.M. May 19, 1980 13. P.C. to announce that Planning Commission will not review land use applications the meeting of May 19, 1980. o *’ ’ J MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 21, 1980 The Planning Commission met on the above date. Present were the following members: Chairman Hammerel, Jabbour, Hannah, McDonald, Frahm and Wilson. Mabusth represented the City staff. Hammerel announced the Public Hearing. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Present were Mr. Ryan and the following * nei^rs: Jim Carlson, 1317 North Arm Drive Richard Hatch, 1375 Park Drive James Erickson, 1361 North Arm Drive Mabusth entered into the record a letter from George Polta, 1355 North Arm Drive (Page lA) opposing the vacation and noted that John Walker, 1310 Spruce Place, had also expressed opposition to the vacation. Mr. Carlson felt the area was probably an eyesore for Mr. Ryan but was opposed to the vacation as it is the only area for neighborhood children to play. Mr. Erickson wanted it left as open space as referred to in Mr. Polta's letter because it is the only open space in the neighborhood. He also felt this was the first year there has been problems with go carts. Mr. Hatch would favor maintaining it as park space if the City would maintain it, but if it is not to be maintained, fenced and motorized vehicles kept out, the City should vacate. Mr. Ryan would then have the authority to maintain, fence and police the area as a private property owner. Hannah questioned if there was a problem with fencing it in and posting signs prohibiting motorized vehicles. Mabusth stated she had talked it over with the City Administrator and he felt it could be a possibility. She concurred with the suggestion of referring this item to the Park Commission for study of the various alternatives. Mr. Ryan stated he had no problems with the area being fenced and retained as park if the City would maintain it. Wilson expressed some concern for the safety factor of this area. Mr. Ryan stated several children had been almost hit by cars. ATTENDANCE 7:30 P.M. FRED RYAN 1345 No. Arm Dr. VACATION Public Hearing 7:30 - 7:40 P.M. (#544) 4 i'A MM .1' !■ H.'. • ■i MINUTES OF A PLANNING COMMISSION MEETING HELD APRIL 21, 1980 - PAGE lA Mp Planning Connnission City of Orono P.O.Box 66 Crystal Bay,Minnespta 553^3 Att:Jeanne Mabusth-Zoning Administrator 1355 North Arm Drive Mound,Minnesota 55364 April,15,I9b0 . I wish to voice my objection to Fred S.Ryan*s application for the proposed vacation of a section of Lafayette-Avenue.land the Park section shown on thenotice from the Planning Commission, or anv section of either. I have been under the impression that Park Property could not be Vacated.Part of Lafayette Avenue adjoins Lot number nine C9) which is apparently not owned by Mr .Ryan. A few days after I received the notice for the vacating this Park Property,! received a survey questionaire from the Orono Park and Recreation System.One was for the taking av;ay of Park Property and the other was a question of the City needing more Park areas. The area in question is used by a great many children in this neigh­ borhood as a playground for a great many ga mes such as baseball ejtc There is no dliher playground in this area. The area in question is certainly safer than playing on the roadway. In the thirty eight (3i^)years that we have owned our property this past winter was the fiist time that the area in question was used as a short cut,by motorized vehicles. Last summer the area was used by one boy with a road bike (motorcycle) This was mogt objectional. due to the noise.lt was also used bji one go-cart (motorized).These two did restrict ^he use of the area for games. I would like to present the following for your consideration! #1—The request for vacation of the area in question be denied. •#2—Erect a fence along North Arm Drive. #3—Prohibit motorized^ in the Park Area such as motorcycle,go-cart etc. The Orono Park and Recreation System might also look into the possibltty of installing playground apparatus. © Please be advisedthat I do not have children that would use this park area. Thank you. Submitted by George J.Polta cciMr.Lee Tomlinson Chairman of . the Orono Park Commission E lA Drive a 5536^f '•V cle) etc. siblity park MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 21, 1980 - McDonald felt the residents should complain to the Police Department if there is a problem with motorized bikes. Jabbour stated it was illegal for the kids to be operating these bikes on City property. Hannah moved to table the vacation request to refer it to the Park Commission for a recommendation on the most appropriate use of this area - whether it should be fenced, maintained and posted for no motorized vehicles, or if it should be vacated and maintained by Mr. Ryan. Motion seconded by Wilson. Vote: Ayes (6), Nays (0). Motion passed unanimously. In discussion, Jabbour felt staff should contact the Police department regarding the problem of the motorized vehicles using this area, however, consensus of the Commission was that it should be up to the neighbors to notify the Police Department. Applicant was not present. The Plat has not been changed, but all requirements are finally completed. McDonald moved to recommend approval of the plat in accordance with the staff resolution. Motion seconded by Hannah. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mr. Albers was present. Planning Commission had no problems with the request. Hannah moved to recommend approval of the conditional use permit/variance as it is consistent with the use of adjacent property and the variance is minimal with the barn being located in the center of the lot. Motion seconded by Hammerel. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mr. and Mrs. Carlson were present. Mabusth stated the property on the west side of the channel belonged to Lot 1 which is owned by Mathias and Raymond Fischer. It was determined that the channel was dredged prior to final plat approvj.1 as it is shown on the final plat drawings. Lot 7 has only 31' of shoreline. Wilson questioned the possibility of alerting possible buyers that this lot is not riparian. Jabbour suggested an open space easement should be required over the channel as a means of controlling restricted area. JOHN ALBERS 1111 Tamarack Dr. COND. USE PERMIT (#547) C. ARNOLD CARLSON 855 Forest Arms Lane BLDG. PLAN REVIEW (#549) G£ 2 Arm Dr. earing ont. UTSON Street ION MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 21, 1980 - PAGE 3 ERS arack Dr.> E PERMIT D CARLSON St Arms AN REVIEW Wilson moved to recommend that the Village recognize Lot 5 as a riparian lot on the condition the Carlsons enter into a restrictive agreement with Orono in resolution form specifying that any dock be parallel to lakeshore and not encroach into channel 10' with the condition that no more than two boats (any length) be moored at the dock. Motion seconded by Frahm. C. ARNOLD CARLSONI 855 Forest Arms Lane BLDG. PLAN REVIEW] (#549) Cont. In discussion it was questioned whether the size of the boats should be addressed. Jabbour, Hannah and McDonald felt it was too restrictive. Vote: Ayes (6), Nays (0). Motion passed unanimously. Wilson also moved to recommend to Council that steps be taken through notification of record against Lot 7, Block 2, that the City of Orono does not consider this a riparian lot. Motion sec"~ded by Jabbour. There was discussion as to lether this conflicts with the final plat approval - h..d it previously been recognized as riparian? After discussion, it was agreed that this lot could in no way comply with the LMCD Ordinances in constructing a dock. Hannah and McDonald were originally opposed to the motion, but now agreed with the other members that according to the ordinance what you definitively end up with is a 1' dock space after the required 15* side setback is met on each side. The Planning Commission requested that the owners of Lot 7, Mathias and Raymond Fischer be notified that this issue is before the Council. Vote: Ayes (6), Nays (0). Motion passed unanimously. Wilson vacated his seat as Mr. Johnston is a client of H. R. JOHNSTON his firm. This item had been discussed at the previous 925 Willow Dr. So meeting and was being returned for a formal recommendation. LAND TRADE (#550) Hannah moved to recommend solidification of the proposed land trade between the City and H.R. Johnston. Planning Commission conceptually approves of the land trade based on the applicant's proposed subdivision making efficient use of the entire land peninsula but noting that a final decision cannot be made until the M.W.C.C. determines what portions of the sewer facility are to be retained. Motion seconded by Frahm. Vote: Ayes (6), Nays (0). Motion passed unanimously. • • .i. >-“I . 1 PAGE 3 . c MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 21, 1980 - PAGE 4 lOLD CARLSObi >rest Arms PLAN REVIEW I Cont. Mr. Grones was present. The only concern expressed was by Wilson that the location of this garage, would possibly restrict the neighbor if he wanted to build a garage. McDonald felt the Commission should only deal with this application as we have not had any comments from the neighbors and did not know if he wanted to build a garage. Staff recommends that the shed be moved as a condition of approval. Mr. Grones indicated he would not have a problem with relocating this shed. Mr. Grones noted that the hardships were topography, location of trees and this is the only location for a garage. No public comments were heard. Frahm moved to recommend approval of the side setback variance as in this climate a garage is necessary finding the hardships of lot size, house location, location of mature trees, and it is consistent with neighborhood development contingent on the following conditions: 1. Shed must be relocated in rear yard. 2. Left side yard must remain clear for emergency vehicle use. Motion seconded by McDonald. Vote: Ayes (6), Nays (0). Motion passed unanimously. KIRK GRONES 3580 Livingston Avenue VARIANCE (#553) JOHNSTON illow Dr. So TRADE ) Mr. Hepp was present. Wilson vacated his seat as Mr. Hepp is a client of his firm. Mabusth stated that a survey showing the existing driveway would be required to determine the actual building area for Lot 2. Mr. Hepp did present a survey showing the existing driveway. Mr. Hepp stated that although he could divide the property in such a way as to meet the required lakeshore area for both lots, he would prefer using a corridor or outlot for the rear lot due to the layout of the lot. At this point, Hannah vacated his seat as he felt his pending litigation would be a conflict. The consensus of the Planning Commission was that they would not favor any arrangement of this type - no riparian rights would be given unless the division was accomplished with the required lakeshore frontage being met by both lots. BRUCE HEPP 2605 W. Lafayetb Road SUBDIVISION Work Session (#545) ■/■r-r^y^.v hGE 4 MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 21, 1980 - PAGE 5 ONES vingston Planning Cornmission stated that Council had granted a previous developer a riparian outlot in a similar application where the area and amount of shoreline standards are satisfied, but the Commission does not feel they have the authority to create such riparian outlets. A Public Information Meeting is scheduled for May 5, 1980 at 7:30 P.M. BRUCE HEPP 2605 W. Lafayett( Road SUBDIVISION Work Session (#545) Cont. Mr. Brooks was present. Neither staff nor the Commission had any problems with the plat. Wilson stated that this proposed vertical division would prevent a possible request Road JOHN L. BROOKS 795 No. Ferndale for three building sites. A Public Information Meeting will be scheduled for May 5, 1980, contingent upon submittal of the Property Owners List and envelopes by Mr. Brooks by Wednesday, April 23, 1980. SUBDIVISION VJork Session (#551) EPP Lafayetb SION ssion Mr. Harter and his attorney, Mr. Gainsley, were present. The proposal is for a horizontal split; a previous vertical split has been denied. Both lots are shy of the one-acre minimum requirement. The buildings meet the setback requirements. The consensus of the 1 lanning Commission was that they could not recommend approval as it would set a very dangerous precedent noting the surrounding lots have similar area restrictions and the neighbors have been opposed to this type of development as expressed curing a previous plat by Reardon which met all of the zoning requirements and was reluctantly approved by Council. McDonald did express that perhaps since the area is sewered and because of the Reardon plat (location of the new house so close to North Shore Drive) perhaps a couple of houses would improve the situation. Planning Commission again stated that the Reardon plat met the performance standards of the district, the proposed plat does not meet the area requirements and this body could not encourage the applicant to proceed with a formal subdivision application. KENNETH HARTER 3120 No. Shore Drive SUBDIVISION Sketch Plan RevL (#552) ■'.i »V''! . ■>■'• »*• PAGE 5 HEPP Lafayetti i/ISION Session ) Cont. L. BROOKS o. Ferndale r -f*- ^aer MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 21, 1980 Hannah moved to recommend approval of the Minutes as submitted. Motion seconded by Wilson. Vote; Ayes (6), Nays (0). Motion passed unanimously. Planning Commission moved to call a Public Hearing for the purpose of reviewing the Comprehensive Plan on May 19, 1980 at 7:30 P.M. They also noted that n'o applications will be reviewed that evening. The entire meeting night will be dedicated to review of the Comprehensive Plan. APP MIN Apr cal; hea: COM PLA] mmsit;.?-.: VISION Session ) TH HARTER No. Shore VISION h Plan Revi ) Meeting adjourned at 9:30 P.M. • . it...-. ADJ( Sc# .-'V. = SfeSailMVi*'.'-' .•••••• i- Wi:' ■ Jj mm;m'-'-"1 '■.j \-x 'V .'v . m mmmi mi .. :.i frt. mm 9 • "m- ■ MINUTES OF A MARINA COMMITTEE MEETING HELD ON APRIL 9, 1980 The Marina Committee met on the above date. Present were the following members: Chairwoman hurr from Council# Frahm and Jabbour from the Planning Commission. Mabusth* represented the City staff. ATTENDANCE 4:00 P.M. The new owners were in attendance: John Vogt, Gary Desantis and Richard Anderson. T*>-Y informed the committee that Paul Fahlin leases Lhe food and bait sales and fishing boat rental phase of the operation. Their business arrangement will continue for the next six years, the duration of the contract for deed. Mr. Fahlin is the fee owner. The applicant stated they plan to phase out the fishing boat operation at the end of the six year period. Sailors World will involve only the rental of slips and the sale of sailing boats. ' The Commission questioned the new owners as to the sale of^ gasoline and the location of the storage tanks. They questioned the method of storing the motors used with the fishing boat rentals. The owners said there will be no sale of gasoline on the premises. The Committee asked the staff to request an inspection be made by the State Fire Marshall of the entire operation and his report be on file at the City offices. The sanitary facilities will be a satellite as in previous y0gij^s, The Committee was concerned that the fishing boat rental phase of the operation did not allow for adequate parking area. Jabbour contends that sailing boat and fishing boat usage is on different days depending upon weather conditions - they may be a very compatible use of the property. He suggested that we weigh the demand time in relation to the parking require­ ments . The Marina Committee recommends an amendment to the ordinance to encourage marina operators by a credit for providing fishing boat rentals. They questioned the owners in regard to the special fishing contests held each season. They advised that there will be no more special fishing contests. The Committee questioned the dock area on the north side of the property specifically the area where the pontoons are docked. They stated that those slips have been removed and the pontoons will be relocated on the site. The use of Paul Fahlin s private dock as part of the marina operation was reviewed and Fahlin advised that only when demonstrating new boats had his dock ever been used. He stated Council had approved this use in previous years. Alden Anderson of 1900 Shoreline Drive questioned the ability of the marina operation as proposed to satisfy the parking demands, specifically the parking along Shoreline Drive. Albert Aschenbeck of 1930 Shoreline Drive stated that the buoys were all located within the required setback area of the marina. SAILORS WORLD AT PAULS LANDING :;-vy MINUTES OF A MARINA COMMITTEE MEETING HELD ON APRIL 9,1980 - PAGE 2 ORLD LANDING Tom Frahm moved to recommend approval of the Sailors World at Pauls Landing marina application with the following conditions: 1. Council should again review and limit the use of slips on the north side of the marina. 2. conditional Use Permit required for sale of foods. 3. Conditional Use Permit required to control the limited parking area based on the following finding . the Marina Committee, upon advice of the applicant, assumes there will be no more "traffic generating gimmicks" and that the compatible nature of the ^se by lailboat owners and fishing boat rental desire of the Marina Committee to encourage operators to provide lake accessibility to the small boat user. The committee recommends the >^®solution contain wording that would upon demand ® operation if one neighbor complains about Peking violations on Shoreline Drive or in front of their residence. 4. Fire Marshall to inspect the entire marina operation and report to be on file at the City offices. Mr Rivers was present. The Committee moved to table the application until Council determines the iLue The committee advised that they will be abl? tfse; up !no?her meeting of the Marina Committee within twenty-four hours notice after Council makes their decision. Larry Hork and his attorneys, Bruce Douglas and Steven PTtiminas were present. Mr. Douglas informed the committee of a^^pending litigation to determine standards or^etLds used to determine point of measurement for docriengths! Douglas stated he had several conversations w?th the^City Attorney and assumed the City was now in a oosition to approve everything within a 200 setPacK area and after the Court decision, at that point, remove any violations. Staff was not advised of any ^uch co^itment and stated we would require an opinion from the ^ ^ Attorney. The Committee tabled the application pending 3f0view by the City Attorney. SAILORS WORLD AT PAULS LANDING m JAMES RIVERS WINDWARD MARINE NORTH SHORE DRIVE MARINA J MINUTES OP A MARINA COMMITTEE MEETING HELD ON APRIL 9, 1980 - PAGE 3 DRLD LANDING Paul Kempf was present. He was advised that Staff still not received the site plan for 1980 that should have accompanied the current application. Kempf stated that his operation had sustained a $100,000 loss ^ season and stated that he has had meetings with staff ana the Mayor reviewing other potential uses of the property. The Committee encouraged him to retain the marina operation. Kempf advised he would prepare a site plan for the 1980 season. The Committee moved to table the application pending receipt of the 1980 plan. NORTH STAR MARINA Meeting adjourned 7:05 P.M VERS MARINE •V lORE IRINA ::: %;■ ^ m