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HomeMy WebLinkAbout03-12-1979 Planning MinutesAGENDA PLANNING COMMISSION MEETING OF MARCH 12, 1979 COUNCIL CHAMBERS - 7:30 P.M. CALL TO ORDER 1. Call to Order/Roll PUBLIC INFORMATION MEETING ] 2. 7:30 P.M. #455 LAD Development, 405 Oxford Road - SUBDIVISION ACTION ITEMS 3. 4. 5. 6. 7. 8. #399 #436 #442 #45R #463 Michael Plank, 4145 Watertown Road - FINAL SUBDIVISION (Resolution) Alexander Holzer, 2677 Casco Point Road - VARIANCE/COND. USE PERMIT Donald Scott, 2325 Longview Circle - FINAL SUBDIVISION (Resolution) Richard Oliver, 3898 Cherry Avenue - CONDITIONAL USE PERMIT Fred Ryan, 1345 North Arm Drive - VARIANCE Stubbs Bay Moratorium Area (Continued Study of Land Use) North Central Study Area (Land Use Study - Call for Public Hearing 4-9-79) WORK SESSION 10. #459 11. #461 12. #465 Richard Proudfit, 3220 Navarre Lane - CONDITIONAL USE PERMIT William Wear, 2160 Wayzata Boulevard - CONDITIONAL USE PERMIT Reorganized Church of Jesus Christ of Latter Day Saints - JOINT CONDITIONAL USE PERMIT SKETCH PLAN REVIEW 13. #464 Dr. Kem Hoppe, 950 Sixth Avenue North - SUBDIVISION 14. #466 Gary Petersen, 1340 Baldur Park Road - SUBDIVISION/VARIANCE APPROVAL OF MINUTES 15. Meeting of February 26, 1979 <(^ORMATION ITEMS - - - - - - - - - - - - - - - - - - - - - - - - W. Comprehensive Planning Comments March 15, 1979 at 7:30 P.M. 17. Marina License Applications - Joint Meeting Planning Commission/Cotncil ihiinifiitii o MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 12, 1979 The Planning Commission met on the above date. Present were the following members: Chairman Wilson, Hurr, Hammerel, Frahm and McDonald. Mabusth represented the City staff and Glenn Cook the City engineer was also present. ATTENDANCE 7:30 P.M. ", Wilson announced the Public Information Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. John Peterson was present. It was noted that the plan did not show the east dimension of Lots 1 and 2. Mabusth stated a variance may be needed for lot width. Staff will verify at what point the 200* is required: lake? building site? road site? Hurr questioned the accuracy of the area shown as five acres when on the original plat there was barely two acres. Applicant stated the existing structure on Lot 2 would be removed. A major concern was that the driveway was too close to the septic drainfield for the alternate system. It was decided that since a park dedication fee has been paid on one lot during the previous subdivision, only one park fee would be required. LAD Development i 405 Oxford Road i SUBDIVISION Public Info. Meeting 7:30 P.M. - 7:50 P.M #455 r 1 c-' •• • .vk: r • \ • . : v'. . • ■t- ,:■■■■■ >■ : ■■■.' :> ■ ■■■: ... .-v- : i; ■ r- .<•It: : .V-v■•^ - c- j : f ?1 % < Frahm moved to grant preliminary approval to the subdivision contingent on: 1. 2. 3. 4. 5. Structure on Xot 2 must be removed. No variances will be granted for the building sites. Payment of one park dedication fee. Staff will verify if the 200* requirement is necessary on the road site and' if there is a problem meeting setback requirements of the road from the alternate septic system. If the 200* is not required on the road site and if no problems are encountered in meeting the setback requirements of the alternate septic system, then this can proceed to Council. If not, it must be returned to the Planning Commission. Letter from surveyor verifying two acres dry bulldable each lot. ; ^ V^‘ Vis'* -' 'i ■• r" ; ■ I ILiir •; •' afJ Motion seconded by Hammerel. Vote: Ayes (5), Nays (0). Motion passed unanimously. t1. 4. ■ 1W1 I II in ‘ T.. MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 12, 1979 Page 2 Mr. Plank was present • Mabusth stated that all requirements have been met. Hammerel moved to approve the subdivision in accordance with the Resolution submitted by staff (see Page 2A). Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. MICHAEL PLANK 4145 Watertown Road FINAL SUBDIVISION #399 The following people were present: Mr. & Mrs. Holzer Mr. Robert Mitchell, Holzer*s attorney Mr. Anthony Van der Steeg, Holzer's landscaper Mr. & Mrs. Smerling Mr. Mike Nekich, Smerling*s attorney ALEXANDER HOLZER 2677 Casco Point COND. USE PERMIT #436 Rd. 4 ‘-r: Comments were also heard from two neighbors: Mr. Downey and Mr. Ortenblad. Mr. Mitchell stated the wall would be designed as follows: 1. 2. 3. 4. It will be a couple of blocks high and will not exceed 3-1/2* above ground. Stuccoed a light cream color. The Holzers are proposing pillars with low-wattage lights as a decorative touch. Wall presently encroaches 75* lakeshore setback by 15*. Mr. Mitchell further stated it was unintentional that a building permit was not taken out. The Holzers thought their contractor had obtained the necessary permits. He did not feel the landscaping should be a problem as the Holzers have already agreed to replace the landscaping. Mr, Mitchell entered into the record his letter of January 22, 1979 and also two letters from Mr, and Mrs. Phillip Schneider (2665 Casco Point Road) and Mrs. Alexander Scheven (2649 Casco Point Road) indicating that the level area below has always been there. c E^: MINUTES OF A PUNNING COMMISSION MEETING HELD ON MARCH 12, 1979 Page 2A RESOLUTION NO. m A RESOLUTION APPROVING A SUBDIVISION FOR MICHAEL PLANK i.-* WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Couiicil has considered the application for a subdivision by Michael Plank, the subdivider; and WHEREAS, the subdivider has completed all requirements of the City, including: Dedication by quit claim deed (Exhibit A) of rights of way for public streets and roads, shown as Watertown Road. Dedication to the City of a Flowage and Conservation Easement (Exhibit B) providing for limitations on the use of wetlands and/or drainageways described therein. Payment to the City of a Park Dedication Fee in the amount of $100.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds division for Michael Plaiik as shown on the Certificate of Survey by Gordon Coffin dated September 28, 1978 (Exhibit C), subject to the following conditions: The aforesaid division shall be filed with the Hennepin County Recorder's Office on or before September 13, 1979 together with a certified original copy of this Resolution and executed copies of Exhibits A & B as noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivisio review. Dated this day of 19 ; \ ATTEST: William B. Van Nest, Mayor i •s -i Walter R. Benson, Clerk/Administrator iffrimtiiiiyr n ■■m ...... r MINUTES Of a planning COMMISSION MEETING HELD ON MARCH 12, 1979 Page 3 I. :u Mfibusth stated a 23% hardcover variance would be required (15% variance previously exists) and a conditional use permit for construction of the wall. Mr. Mitchell also entered into the record two letters from Joseph E. Braun (3020 Casco Point Road) and Warren Ortenblad (2779 Casco Point Road) both approving of the Holzer*s development of their property. ALEXANDER HOLZER 2677 Casco Point COND. USE PERMIT #436 (Cont.) Mr. Mitchell again stated that the main reason for the work was the danger of a slide. A drainage plan has been submitted. Mr. Nekich again showed pictures of the two properties. He felt the violations are as follows: 1.Garage - Although he again brought up this issue, the Planning Commission refused any discussion as Council declined to reopen the variance case (#417) on November 28, 1978. Grading, Excavating & Filling - *'A great deal of land alteration has been done.*' The violations on the wall are: a) Exceeds hardcover. b) Encroaches 75* lakeshore setback. c) He stated that even if the wall was interpreted to come within the definition of fences in tne code (their contention is that it does not), they can only be 42" high. He feels a lot of the dispute centers around the wall height; it is their contention that the main structure of the wall is 4* high and the pillars are 7*-8* high. "There comes a time when a wall of any nature has become so substantial that it becomes a structure within the meaning of the Code. Therefore it becomes subject to the 10* setback requirement. He feels this wall has reached that point. lJl. ' 'V Pfi •C'"*t: If lais-v s. mm j ^ '..SPIT‘i V it )LZER ’olnt Rd. ERMIT ) MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 12, 1979 Page 4 m =y>'i.v Mr. Neklch stated that he was not familiar with any provision in our code preventing the lights, however, the Smerling's property would also be Illuminated and he did not see how "that sort of illumination can be condoned on a lakeshore property". Mr, Nekich stated the reason the damage (landslide) occurred on the Smerling's property was: ALEXANDER HOLZER 2677 Casco Point Rd. COND. USE PERMIT #436 (Cont.) 1. 2. Vegetation was trimmed too close. Unusually heavy rains which will probably not occur again for many years. He felt this position was supported by letters from James Robin, Landscape Architect, and Lester Kelley, Kelley & Kelley, Inc. He felt as Mr, Robin's letter suggests the situation could be solved by a subsurface structure - "certainly a project of much less magnitude would have accomplished the same task", Glenn Cook stated that the "idea" is good but he would need a profile view to analyze it. He stated that he is referring to just the piping that he is going to use to get the water from the top of the hill to the bottom and discharging it out at the bottom in such a way not to harm the lake. He has not taken the wall into account as part of the drainage plan. The only significance of the wall in as far as the drainage plan is concerned is that it will allow the water to get back into the catch basin. The drainage system would work over 70% of the area without the wall. He stated that without knowing the design of the wall (footing depth) it is impossible to determine if the wall is effective erosion control. It was his opinion that having the structure within the 75' setback does not gain anything. On the other hand, he did not see a great advantage to taking the wall down. If the Planning Commission feeling is that the wall should not be at that point, it should probably be lowered to ground level and then used as a retainer with the new wall being built complying with the 75' setback. ^ r*' ‘ 4 © i MINUTES OF A PLANNING COMMISSION MEETING HELD ON MARCH 12, 1979 Page 5 Hurr was concerned about the possibility of the drainage system malfunctioning. Cook stated that if that did happen the run-off would go into the lake. McDonald suggested that possibly some type of maintenance agreement between the City and the owner would have to be worked out. Both Hurr and McDonald stated they had trouble relating to this as a wall or fence and felt it should be considered as a structure. Wilson stated he had no problems with the fence being 3-1/2* high, but he did not feel the pillars should be allowed. He felt that the conditional use permit should only be for fill behind the wall which would be important to the drainage. He also felt the wall should not be permitted within the 75* setback. John Haxnnerel stated: **I think in view of the fact that obviously the Planning Commission is wrestling with this and really getting no place and with six weeks probably before any more building can be done, I move to table the application as our engineer ought to determine for us in some way where ground level is and what height of wall will be necessary for erosion control so we can make further study of this prior to giving an opinion. Motion seconded by Hurr although she objected to the City paying the engineering costs. Mabusth stated that the engineering costs would be charged to the owner. Mitchell stated that this information was already in the hands of the Holzer*s engineer and could be submitted to the City engineer for his review. ALEXANDER HOLZER 2677 Casco Point Rd. COND. USE PERMIT #436 (Cont.) Frahm felt that it should be evaluated only as to the erosion control. The engineer should determine the height necessary to function as effective erosion control and the Planning Commission could go from there. Vote: Ayes (3), Nays (2) Frahm & Wilson Opposed Frahm - Not sure that our engineer should design the system or do the study. Wilson - does not feel our engineer should do the work and the applicant should be given the opportunity to submit the data. 1 . ii ■:< HOLZER > Point Rd. PERMIT it.) minutes of a planning commission meeting held on march 12, p Mr. Scott was present. All requirements have been DON met. Hurr moved to approve the subdivision in 232 accordance with the resolution prepared by staFf FIN (see page 6A). Motion seconded by Hammerel. #44 ote. Ayes (5), Nays (0). Motion passed unanimously. Item has been tabled on agreement with applicant. Notification will be done for the next meeting and item will go right to Council as soon as possible. 2. Applicant was not present. Hurr moved to approve the variance application contingent upon the following conditions: 1. Garage to be structurally altered to allow for a one-hour fire wall. Applicant must provide proof of Lot 6 lot combination. Applicant to provide abstract pages verifying the street vacation. Motion seconded by Frahm. Vote: Ayes (5), Nays (0) Motion passed unanimously. Item tabled and will be discussed at the joint Council/Planning Commission meeting on March 15th. Item tabled and will be discussed at the joint Council/Planning Concnission meeting on March 15th. RIC] 3891 con : #451 FRE] 134! VAR] #46: STUB MORA NORT STUD ■■■■ 'Vfi T .ew Cr. VISION VER Avenue ERMIT Arm Dr. ^REA ‘^^NUTES of a planning COMMISSION MEETING HELD ON MARCH 12, 1979 — Page 6A RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF LONGVIEW SECOND ADDITION for. S'SoSsiJoJ;: the thf^CUy! includi^:^“ requirements of ♦ on'^thfi^at?^ drainage and utility easements as shown Payment to the City of a Park Dedication Fee in the amount of $250.00. “® .i, # • the Citv " “SOLVED, that the City Council of Hennepin County. t^VJhe" Sir Wo- the Hennepin togeth^r^^ith" :er^\^fLVor?g^Wp^T^^^^ Se^Ll^!L. rn'LrL”: •PP^^«'t«n Pith eh* City *f 0»*o for tubdiviel** Dated this day of 19 ATTEST:William B. Van Nest, Mayor Walter R. Benson, Clerk Administrator _ minutes of a punning commission meeting held on march 12, 1979 ^ Page 7 and pted opment of ditidn Plat. 1979 ilution. las not Mr. Proudfit was present. He stated their intention is only research and development not manufacturing. All manufacturing will be done at their plant in Aberdeen, South Dakota. It presently operates two shifts with five employees on day shift and two employees on the night shift which ends at 12:00 A.M Mr. Pr-'^is^fit introduced into the record a letter of support (iJcgned by some of the adjacent neighbors (see Page 7A) who are in favor of the operation. He does not plan any expansion of the business at this location. Also present was Dick Hassel, representing the Lafayette Ridge Development, who opposed an industrial use in a residential zone and who has previously complained to the City about Viking's employees parking on their property. It was discussed that perhaps a conditional use permit cannot be applied for when the requested use is not a "permitted use" in a residential area. Maybe should be for rezoning. Members Frahm and fk^Donald felt that we should not discourage small busliiiBSses. They did not feel comfortable with taking a building which is obviously a commercial building and saying it can no longer be used for that purpose. The applicant will meet with the staff to determine which way to go with the application. It will be on the agenda April 9, 1979. Mr. Wear was present. The applicant is aware of the sprinkler system requirement. The application will be an action item on the next meeting's agenda RICHARD PROUDFIT 3220 Navarre Lane COND. USE PERMIT #459 ' ••• • . ' ■■■■ WILLIAM WEAR 2160 Wayzata Blvd. COND. USE PERMIT #461 ^division mm u - ‘ 'i, minutes of a planning commission meeting held on march 12, 1979 Page ?A CITY or CRONO - PLANNING COMMISSION March 5, 1979 TO WHOM IT MAY CONCERN: PROUDFIT arre Lane E PERMIT lEAR :ata Blvd. : PERMIT •'5>i'- p t fc We are supporting the continuing of Viking's stay on Navarre Lane, They have helped the community by: 1. Cleaning up the grounds 2. Removing all the Junk cars 3. Restoring the building 4. Helped to reduce vandalism 5. Gave part time jobs to the young people VVe definitely feel they have been an asset to the neighborhood. They have been a very quiet and clean operation. Please‘Continue their legal nor>-conforming use. 1 p S C yj,l ^ ^ /c ^ ^ / /^ I ^ 9 ’/ ::ulA C Lr^>^L>n <U r\ ' Afft Wo.u vvt ClAV {c.6.iK.L ''?Ti ■ . / I I't: ' ■l^it',7 V a / LUv : minutes of a planning commission meeting held on march Mr. Jim Shaw represented the Church and Mrs, Cici represented the day care center. The Church is pplying for the day care to be able to utilize the church more than just on one day a week, ws. Cici will have to be licensed by the State which is contingent on approval of the Citv of toono and the State Fire Marshall. She will probably aees fl/5 fif* children)ages 2-1/2 - 6). The iMimber of children is dictated f “®ted their churchis only 108 registered members. Staff will have further information on parking, etc. for the next meeting when this item will be an action item requested from the County highway department. The road is being requested as 50*. Mr, Petersen and Mrs. Olson were present. The request is for dividing a 2-3/4 acre parcel into three lots. Due to the flood plain and the 75* lakeshore setback, the lana has severe buildine restrictions. Sewer is available. McDonald requested that staff research an earlier application on this property. Wilson requested the following correction be made: Johnston - the record should note that voting on this application as Mr. Johnston is a client of his firm. Hurr moved to approve the minutes as amended. Motion seconded by Ha^erel. Vote: Ayes (5), Nays (0). Motion passed unanimously. Meeting adjourned at 12:18 A.M. 12, 1979 Page 8 reorganized CHURC OF JESUS CHRIST C THE LATTER DAY SA 850 Wayzata Blvd. y/465 DR. KERN HOPPE 950 Sixth Avenue I SUBDIVISION Sketch Plan Reviev #464 GARY PETERSEN 1340 Baldur Park F SUBDIVISION Sketch Plan Review #466 MINUTES approval February 26, 1979 adjournment .