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HomeMy WebLinkAbout01-22-1979 Planning MinutesAGENDA t PLANNING COMMISSION MEETING OF JANUARY 22, COUNCIL CHAMBERS - 7:30 P.M.’ 1979 GAIX TO ORDER 1. Call to Order/Roll 2. Comprehensive Planning Comments PUBLIC INFORMATION MEETINGS wm "}i f. • • . ‘ V ^ 3, 7:30 P.M, /M43 Robert Olson, 4665 Bayside Road SUBDIVISION »■ j i .4. 7:45 P.M, ^434 Fred Herfurth, 225 North Ferndale PRD/SUBDIVISION/CONDITIONAL USE PERMIT ACTION ITEMS 5. #436 Alexander Holzer, 2677 Casco Point Road VARIANCE/CONDITIONAL USE PERMIT SKETCH PLAN REVIEW #451 A. D. Ingham, 640 Tonkawa Road SUBDIVISION WORK SESSION 7, #452 Warren Ortenblad, 3870 Shoreline Drive m CONDITIONAL USE PERMIT INFORMATION ITEM 8, #440 Louis B. Oberhauser, 200 Wayzata Boulevard PRD - Public Hearing Scheduled February 12, 1979 (7:30 P.M.) APPROVAL OF MINUTES 9. Meeting of December 11, 1978 10. Meeting of January 8, 1979 • Ai - - ■lilli 1 « 1 ? i I i ■ MINUTES OF A PLANNING COMMISSION MEETING HELD ON JANUARY 22, 1979 The Planning Commission met on the above date. Present were the following members: Chairman Hassel, Hurr, Wilson, Frahm and McDonald. Mabusth repre­ sented the City staff. The upcoming joint Council/Planning Commission meeting dates were verified as: 1- 27-79 Lafayette Club - 9:00 A.M. 2- 15-79 Council Chanibers - 7:30 P*M. ATTENDANCE 7:30 P.M. COMPREHENSIVE PLANNING COMMENTS Hassel announced the Public Information Meeting on the Subdivision Request of Robert Olson. Mr. Olson was present. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. The lot line affecting the pole barn (pertaining to fire safety code requirements) has been adjusted to be 10* from the pole bam. However, it will still require a variance for not meeting the setback required for farm buildings from the property line (150*). A variance will also be required for the chicken coop. It was questioned whether a variance should be granted if the chicken coop was not being used. Mr. Olson stated it was not on his property and, although the owner was not present, he did feel it was being used for storage. He did not know how the owner would feel about removing it, but felt he would agree to have it made a legal non-conforming use. The Planning Commission had trouble verifying all the variances that would be required due to the omission of several buildings on the survey by Gordon Coffin. Mr. Olson stated that Mr. Coffin was aware of the omissions and was preparing an accurate survey noting all buildings. Mabusth stated that the septic system inspector had not seen any problems, however, due to the time of the year, the exact location of septic tanks and drainfield could not be determined. Hassel moved to approve the preliminary subdivision contingent upon receipt of an accurate survey (all buildings shown) within ten days; granting variances to the pole bam and chicken coop as legal non-conforming uses not to be improved or replaced, conforming to all animal ordinances, and svibject to a Park Dedication Fee. Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. ROBERT OLSON 4665 Bayside Road SUBDIVISION Public Info. Meeting 7:30 P.M. - 7:35 P.M (#443) .r7 J MINUTES OF A PLANNING COMMISSION MEETING HELD ON JANUARY 22, 1979 Page 2 Chairman Hassel announced the Public Information Meeting on the request of Fred Herfurth, Mr. Jim Bruce represented the applicant. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. The following neighbors were present: John 6e Dianne Engelmann, 70 Femdale Green John Powers, 85 Femdale Green James Stockton, 100 Chevy Chase Drive Richard Schaehrer, 103 Chevy Chase Drive J. Lathrop, 105 Chevy Chase Drive Harold Amoldy, 109 Chevy Chase Drive Waldo Nelson, 113 Chevy Chase Drive Donn Hubbs, 128 Chevy Chase Drive Jesse Meyer, 146 Chevy Chase Drive Mabusth and Mr. Bruce explained the proposal to those present. Instead of the extended cul-de-sac requested by staff, the applicant proposed wider private driveways serving the units to accommodate emergency vehicles, etc. It was also stated that the topography of the lot prohibits turning the lots in a southerly direction. The property is assessed three sewer tmits. Sunniary of Opinions expressed by those in attendance: 1. Concern of future use of the open areas (specific discussion was regarding a possible tennis court in the future). It was stated that the same setback requirements as in effect for accessory structures in this residential zone would apply. It was also noted that if Planning Commission did approve this request, they could put restrictions on the use of the open areas. 2. Questioned whether the road was being constructed to City requirements. It was stated by staff that it would meet all City rcsquirements. 3. Even though this is a relatively small project it would: « a) set a precedent which would lead to additional reques ts b) increase traffic on Femdale. FRED HERFURTH 225 North Femdale PRD/SUBDIVISION/ I CONDITIONAL USE PERMI^ Public Info. Meeting 7:48 P.M. - 8:35 P.M. (#434) k * ::r. ■ ^ K-,. mm H rndale ION/ USE PERMIl , Meeting ■ 8:35 P.M. m MINUTES OF A PLANNING COMMISSION MEETING HELD ON JANUARY 22, 1979 Page 3 4. The major opposition was the "duplex” concept being brought into the zoning district. 5. The residents wanted to maintain the one-acre single family residential use. Hassel entered into the record a letter from Thomas T. Hale, 110 Chase Drive, requesting denial of the request: I-^ cause of the dangerous precedent being set which would lead to additional requests In other adjacent properties. One resident also requested that the record note that Mr. and Mrs. Curry, 111 Ghevy Chase Drive were out of town but wanted to go on record as being opposed to the proposal. Public Hearing Closed. Discussion of the Planning Commission was mainly In considering the effect of the draft of the Platting Code and • the present ordinance on granting variance to density or for granting duplexes. Hassel moved that based on the fact that all areas surrounding the subject property are used as single family dwellings with no testimony that any of the adjacent comnunltlet? allow duplexes or have any duplexes or multiple units constructed In the adjacent area of the property; although Section 37.015 would seem to give authority to grant a variance; no classic hardship seems to be shown, and In that, what Is being asked for Is a change In density anvd duplex credit; that the surrovmdlng municipalities do not give evidence of having substantially different regulations that effect the adjoining of property; that we are Influenced by the draft of the Platting Ordinance which Indicates that Planning Commission Is prohibited from granting a variance to Increase density and, although we recognize that It has not been passed, we take It an an Indication of the feelings of the Council of which we are merely an advisory body; therefore, I move that the application be denied for these reasons. Motion seconded by McDonald. Vote: Ayes (4), Nays (1). Motion passed. Wilson stated the reason for his Nay vote was " I am In favor of the motion to the extent that we not grant any duplex or attached dwelling, but I think that there has been sufficient evidence to show that a variance should be granted to the density to the extent of eight units." FRED HERFURTH 225 North Femdale PRD/SUBDIVISION/ CONDITIONAL USE PERM! Public Info. Meeting (#434) Cont. a * minutes of a planning COMSSION meeting held on JANUARY 22, 1979 Page 4 TOTH i Ferndale :VISION/ lAL USE PERMI' ifo. Meeting >nt. Mr, and Mrs, Holzer, Mr, Robert Mitchell (their attorney) and Mr, Neklch (Smerllng's attorney) were present, Hassel Informed those present that he had talked to Mr, Smerllng and took the liberty to agree that no action would be taken until the first meeting In March since they were out of town and could not attend the meeting, Mr, Mitchell submitted further Information for the Commission to review before the next meeting on this application. After a brief discussion, the Plann?j?g Commission again requested that both parties and their legal counsels try to resolve the differences or at the very least narrow the Issues, McDonald moved to table this Item imtll the first meeting in March, Motion seconded by Hurr, Vote: Ayes (5), Nays (0), Motion passed unanimously. ALEXANDER HOLZER 2677 Casco Point Rd, VARIANCE/CONDITIONAL USE PERMIT (#436) t » ../I 640 Tonkawa Road SUBDIVISION (#451) SKETCH PLAN REVIEW - Mr, Adair represented hfr, Ingham, A. D, INGHAM Mabustli stated that the property Is assessed two sewer units. Applicant was Informed of the Zetland and lakeshore setbacks. The applicant was also advised to contact Hennepin County Highway Department about the access (a suggestion was made to the possibility of a combined driveway), Planning Commission conceptually approved the plat with the following requirements: 1, Plan must designate lot dimensions, area of designated wetlands and dry-bulldable land, 2, Obtain permit from Hennepin County Highway Department for access, WORK SESSION - Mr, Freeborn represented the applicant. Mabusth explained the request and noted that there was a wetland created by local drainageways in Spring Park and Orono draining Into the lowland area to the north of the lot, however, due to the season. It Is Impossible to make an accurate determination of the wetland acreage, Mr. Freeborn announced that due to additional construction costs, Mr. Ortenblad had decided that the only way they would continue with the proposal was If they would be permitted to use one of the duplex units as a temporary office. WARREN ORTENBLAD [ 3870 Shoreline Drive CONDITIONAL USE PERMll (#452) 3LZER Point Rd. !ID1TI0NAL Road IBLAD Lne Drive USE PERMI1 . _*4 MINUTES OF A PLANNING COMMISSION MEETING HELD ON JANUARY 22.^W79 To use the duplex in this residential use of the ^ ' Mr. Freeborn withdrew the application. WARREN ORTENBLAD 3870 Shoreline Dr.lve CONDITIONAL USE PERMI r#452) Conte Motion to approve as s«*mttted by Wilson. Motion seconded by Hurr. Vote. Ayes (5), Nays (0). Motion passed unanimously. APPROVAL OF MII^UTES December 11, 197b Page 3, Fred Herfurth, Item #434 - amend as follows;APPROVAL OF MINUTES Jan-^ary 8, 1979 if there were any duplexes in the ^ j Hurr moved to approve the “inutes . Motion seconded by Hassel. Vote. Ayes (5J, Nays (0). Motion passed unanimously. Meeting adjourned at 10:55 P.M. ADJOURNMQIT 'h ' 4.; % m--pH. . • ^ 4- »4 i mui