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08-04-1980 Planning Minutes
'• ■ . \ . i ' . 'i"’ ■Wi 'i‘ ' • ■*Hi|i-/.v ■ AGENDA PLANNING COMMISSION MEETING MONDAY, AUGUST 4, 1980 COUNCIL CHAMBERS 7:30 P.M. CALL TO ORDER 1. Call to Order/Roll PUBLIC INFORMATION MEETING 2. 7:30 P.M. #570 William Mernik, 2715 Kelly Avenue SUBDIVISION lii^ ACTION ITEMS 3. #575 Martin Rafferty, 475 Linden Avenue - VARIANCE #576 Robert 6 Joanne Mortenson, 3280 Watertown Roa< CONDITIONAL USE PERMIT 5. #577 Brian Fulmer, 3507 Wayzata Boulevard - VARIANCE APPROVAL OF MINUTES 6. Meeting: of July 21, 1980 wr u J r'lS »• • • •wm MINUTES OF A PLANNING COMMISSION FLEETING HELD ON AUGUST 4, 1980 Commission met on the above datesr-Stin's'K:!Ei;f. s=s:.s;, ss'-Mabusth represented the City staff. h Chairman Adams announced the Pub! in Tr»^^v-™^4. • but questioned the tvn*» • ®7 division permit invo?vfs"?:rg^'’^|unts orfin°onH"' ". created lot Mr<s pn?o newly hood would be affected if there^^ entire neighbor-as; :s;.;"s.va;»- would rLuiS®an°^ review stageif +-K« an independent conditional use Dermii- would again*^be'"notified"^^Mrl*^°M°^w‘^i®"'^ neighbors When su?h £ui!d?ng begtAs t^lA asked that for furnishing adlguate spac^for thr^rkinrS"'"?!*’^® the suitability of Rovegno questioned in consideJauL of setK^r^! building siter^ye^.._4. - ^ setback d©inands of tbs wstlan^Q the private drLeway!'^'' requirements without relocating two lot Plat^LbjecrtS^he^f^^^ Mernik’s —1 proposed changes from existing grade. fo?^Lot”l.^° ^ Dedication Fee of $400.00 3. Only the lakeward lot (Lot 2) will be riparian. • = ATTENDANCE WILLIAM MERNIK 2715 Kelly Avenue i SUBDIVISION ' Public Info. Meeting 7:30 P.M.-7:55 P.M. (#570)m ■W K*-: Jl .* ..A: 11^-. eting ?.M. Bf Ma minutes op a planning commission meeting held on august 4, 1980 - PAGE 2 - I ■ - JiJ wUhoSi^Sockage ‘oriake''acLss ??gh^s:“^®"' the extent of the existinrr and then be shown on the plat^aQ^^^ which area will easement". ^ ® ^ dedicated "drainage exLtinfL'w^ and^'wa^''® ^ '°-="ting the . dedicated "utility easlLn?i’’on “he''pIlt!’''°''"'^® ® Scessary°L^pJo?iiralc«s'^f^"'^ easementsof-way to lakK Lri! >^ight- I,Sri“ccefs^to the''existinl'"se^® necessary to allowO rne existing sewer and water locations. stubs/inllSding*'a^y ra^n’^tapat no cost to the City. necessary, to Lot 1 , property°linL texcept^the'^lake^h*^^ easements" along all„Ls‘,2? ;sjjiruK.‘s.sr “■ ?KS; - ; » MotioS pafsed^una^imSS^^^ Ayes (6), Nays (O). WILLIAM MERNIK 2715 Kelly Avenue SUBDIVISION Public Info. Meetinq (#570) Cont. lScation®ol^h “ present, staff reviewed the Minnetonka S^irPa?rneiohbo''h® variance in the that nine monttraao th» r?^ "°ted application for M^?rtn'?. martin RAFFERTY 475 Linden Avenue VARIANCE (#575) ■ 4. w’ ^cm,^v;f .:•. V\- r: : ?v!^w.r^'i^ ■:■■>■ ______W m &M IE 2 MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 4, 1980 - PAGE 3 nue eeting A'' f- The Planning Commission advised the applicant that the proposed house must meet all of the required setbacks noting that the four lots are surrounded on three sides by public right-of-way. Adams noted that a local drainageway runs along the west side of the property and that proposed construction cannot interfere with its flow. Jabbour moved to recommend approval of Martin Rafferty's lot area variance application based on the following findings: 1. Additional land cannot be acquired because the subject property is surrounded by public right-of- way. 2. Consistent with pattern of neighborhood development. 3. City has given approval of six other similar houses in the neighborhood. subject to the following conditions: ^ constr'^ction must comply with zoning and building code requirements - no additional variances shall be granted. 2» All four lots must be combined for tax purposes. 3. Payment of all delinquent property taxes. 0 Motion seconded by McDonald. Vote: Ayes (6), Nays (0). Motion passed unanimously. MARTIN RAFFERTY 475 Linden Avenue VARIANCE (#575) Cont. V .. .■ 'V mm Mr. and Mrs. Mortenson, Mr. and Mrs. Ward Ferrell, 3405 Watertown Road, and Cy Ducharme, 3405 High Lane, were present. Mabusth asked the applicant to specify the exact dimensions of the greenhouse proposed in this application. Mortenson explained the reason for proposing a smaller sized greenhouse at first is that the Watertown property is considerably more expensive than the Arbor Street site. The applicants were asked to review the greenhouse operation for the neighbors in attendance. Mrs. Ferrell asked the Planning Commission how they could consider a commercial operation in an unsewered area. The Commission advised that the zoning code and the comprehensive plan clearly defines a commercial greenhouse use as compatible with the rural residential area of the City. Mr. Ducharme questioned how the City would control the commercial growth on the 6.7 acre site once a conditional use permit is approved. ROBERT MORTENSON 3280 Watertown Road CONDITIONAL USE PERMIT (#576) V minutes of a planning commission meeting held on august 4, 1980 - page 4 t '■ 1 :LS*irs‘:> «»»“ was aware of the serioufLcidents thaf Watertown Road place on that section of road CONDITIONAL USE PERMI (#576) Cont. Jabbour stated that he could understand the new applica?Lr"but®^h“°"® Mortensons with thisquestion of controllinq the co^ercial use still remains even on the 6?7 acre TOve; th» 5”® °°"<3itional use permit must ?hrsi^» <=°“Pl®te greenhouse operation proposed for noted that the ordinance requires specific information with this type of applica?ior re^^Lnthr^'""^"®^- comme?L'arusror residential property is the big issue, it is impossible to make any recommendations until the information is furnished by the Mortensons McDonald moved to table the application of the Mortenslnrpfnd\^nrrecl!pri?^" the following information and report by staff: designating off-street parking spaces dimensions of complete greenhouse evf-en.^A.4 ^ *setbacks of new structurt! extended driveway, site!'®^*'®’' describing commercial operation at new Motion seconded by Adams. Vote: Ayes (6). Navs io> Motion passed unanimously. ^ contact police chief concerning traffic accidents reported by neighbors in Watertown Lad beTitlf?2d®‘^K^®®'‘ neighbors must rescheduied ?oricrton application is Fulmer, Mr. Fulmer Sr., and Howard Eisinger, 3245 Wayzata Boulevard, were iJ®th2 samJ’’? are building a new house The SlderLn=^^^°" previous residenceTne older house has already been torn down relr”vrrd°2etba°v^°" require a front andrear yard setback variance. BRIAN FULMER 3507 Wayzata Blvd. VARIANCE (#577) Hi' f •s. fH - MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 4, 1980 - PAGE S Jabbour was concerned with the now septic system for the previous house and was it adequate* to 3orve the new house. Fulmer noted that the new house and the previous house were both two bedroom units. Jabbour noted that the on-site manager had not reviewed the application. A zoning review for the new structure would require proof of adequate area for both existing and alternate septic systems. He asked that Gaffron review the application prior to Council action. BRIAN FULMER 3507 Wayzata Blvd. VARIANCE (#577) Cont. McDonald was concerned with the front yard setback of 33 feet from the State Highway's right-of-way. She was concerned that any proposed changes to widen Highway 12 might place the City in an uncomfortable position in approving such an application. McDonald asked if the State Highway Department had been consulted regarding future plans for expansion. Fulmer not<'«t the buildable area of the site was severely limited as to relocating a new house because of the wetlands, the existing structure, and the new septic area to the west of the house. Planning Commission questioned whether a conservation and flowage easement should b_* taken over the extensive wetlands. Staff agreed that the City has asked for easements over wetlands with variance applications. Frahm stated that in this case he would be against taking the easement due to the expense involved for the applicant in acquiring the legal description and since the application itself involves a house being relocated in the same location of the previous house and the existing kennel operation. Jabbour mcjved to recommend approval of the front auid rear setback variances for Brain Fulmer based on the following findings: unusual lot shape, house existed there before, building site is limited because of the wetlands, septic area to the west and existing physical structures, based on the following conditions: 1. Coiirietvation and Flowage Easement over wetlands. 2. Berra be constructed between house and Highway 12. Motion seconded by Rovegno. Vote: Ayes (6), Nays (0) . Motion passed unanimously. Jabbour moved to approve the Minutes as submitted. Motion secoiided by Frahm. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mee t j n'3 «? d t >•,»n ^ ^ | •.■.Vj.vv-,-.; . ir-'..-:r r4 APPROVAL OF MINUTES Meeting of 7-21-80 9:45 P.M. nI :5 a s I ? - I !