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Home My WebLink About06-11-1979 Planning Minutes•.' ‘ : vw. . .^ >.t.. AGENDA >'j" '••.vV PLANNING COMMISSION MEETING JXJNE 11, 1979 COUNCIL CHAMBERS - 7:30 P.M.i CALL TO ORDER 1. Call to Order/Roll PUBLIC INFORMATION MEETINGS 2. 7:30 P.M. #460 Enervest Builders, 325 West Lake Street - SUBDIVISlON/VARIANCE 3. 7:45 P.M. #437 Larry Osgood, 365 Willow Drive North - SUBDIVISION* PUBLIC HEARING 4. 8:00 P.M.#478 L.J. Whalen, 2435 Scotch Pine Lane - VARIANCE & UTILITY EASEMENT VACATION APPEARANCE 5. Ban-Con Corporation - Townhouse project on Long Lake ACTION ITEMS 6.#436 7.#452 8.#477 9.#480 10.#481 11.#483 CONDITIONAL USE PERMIT #452 Warren Ortenblad, 3870 Shoreline Drive - CONDITIONAL USE PERMIT Charles Peterson, 1505 North Arm Drive - VARIANCE 6 Thomas Williams, 455 Park Lane - VARIANCE Lowell Zitzloff, 3850 Shoreline Drive - CONDITIONAL USE PERMIT Charles Coakley, 2166 Shadywood Road - VARIANCE WORK SESSION 12. #479 Chuck Van Eeckhout, 1025 North Brown Road - SUBDIVISION SKETCH PLAN REVIEW 13. #482 Loren Klitzke, 555/575 Oxford Road - SUBDIVISION m , t Agenda Planning Coramlsslon Meeting June 11, 1979 Page 2 1 APPROVAL OF MINUTES 14. Meeting of May 21, 1979 COMPREHENSIVE PLANNING COMMENTS j'lP •V ’"’ : • > fi.:. -'.i/r. ' ' ■ " :--••• 1 iiBS ’aiiW 15. Joint Councll/Pleuinlng Commission Meeting June 28, 1979 at 7:30 P.M. INFORMATION ITEMS 16. Proposed Joint meeting between Orono and Wayzata (Council representatives. Mayors and staff) to discuss Wayzata Country Club Condominium Proposal 17. Discussion - City Administrator's letter of May 24, 1979 •; x. c I ’ immi; • V?-•. f ’ 5 , ^ • V- i • ,* ‘f e ' ''' Mtmy ■MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 11, 1979 The Planning Commission met on the above date. Present were the following members: Chairman Wilson, Hannah, . Jabbour, Adams, Frahm and McDonald. Also present were: Glenn Cook, City Engineer, JoEllen Hurr representing Council and Jean Mabusth for staff. St. Wilson announced the Public Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Enervest Builders were represented by Mr Richard Herrmann who gave some background on the property and stated that Enervest Builders was in uhe process of purchasing the property, contingent on it being a buildable site, from Mrs. Zaine. Present were Frances Packard and Martin Rafferty, 309 West Lake Street, who were opposed to construction on a substandard lot. It was their feeling that the lot would end up being eroded. They also stated that the Andersons, 349 West Lake Street, were also opposed to the proposal but were unable to attend the meeting. Adams questioned the possibility of sewer. Mabusth stated that the area was currently being studied under a moratorium and sewer was a possibility. ^ Wilson moved to recommend denial on the basis of the steep grade of the property, possible problems with septic systems In the field, and the substandard nature of the lot does not warrant consideration of this property as a buildable site. Motion seconded by Adams. Vote: Ayes (6), Nays (0). Motion passed unanimously. Wilson announced the Public Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. and Mrs. Osgood were present. No public comments were heard. Adams moved to recommend approval of the preliminary subdivision contingent on: 1. O Temporary driveway easement over Lot 1 to serve Lot 2 until the building permit for Lot 3 is Issued at which time the access road must be constructed. ATTENDANCE 7:30 P.M. ENERVEST BUILDERS 325 West Lake Street S UB DIVISION/VARIANCE Public Info. Meeting 7:30 P.M. - 7:45 P.M. (#460) LARRY OSGOOD 365 Willow Drive No. SUBDIVISION Public Info. Meeting 8:00 P.M. - 8:02 P.M. (#437) I i . f- e o pi‘ r MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 11, 1979 ** .‘4i PAGE 2 2. Payment of park dedication fee on the two new lots. 3. Lot E is to be designated as unbuildable. Motion seconded by Hannah. Vote: Ayes (6), Nays (0). Motion passed unanimously. LARRY OSGOOD 365 Willow Drive No.* SUBDIVISION Public Info. Meeting Cont. (#437) i Wilson announced the Public Hearing. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. and Mrs. Whalen were present. No public comments were heard. Wilson noted for the record that letters were received from Samuel Marfield, 2455 Scotch Pine Lane, who had *'no objection to the vacation of the Jtility easements" and Mr. and Mrs. Luke, 2465 North Shore Drive, who "have no objection regarding the po^l or vacation of the easement". L.J. WHALEN 2435 Scotch Pine Lane UTILITY EASEMENT VACATION/VARIANCE Public Hearing 1 8:05 P.M. - 8:10 P.M, (#478) Frahm moved to re ■commend vacation of the 50' utility easement and apprtval of the 24* front yard variance contingent on: i . * 1. 20* drainage easoment must be granted to the City and recorded in tne Whalen*s title. 2. Pool will be drained by tank truck when required. Motion seconded by Jabbour. Vote: Ayes (6), Nays,(0). Motion passed unanimously. Mr. Hans Hagen, Ban-Con Corporation, presented a proposed townhouse project (38 units) for Long Lake. The presentation was made because the property abutts a 3.12 acre parcel in Orono. The .!iain discussion pertaining to Orono was that the lake access for the townhouse project could not be provided by the Orono parcel, as our zoning would only allow one residential dock serving a principal structure located on that parcel APPEARANCE Ban-Con Corporation m MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 11, 1979 PAGE 3 Present were: Mr. and Mrs. Holzer, Mr. Robert Mitchell (Holzer*s attorney), Jbr. Gerald Welsh (Holzer*s contractor), Mr. and Mrs. Smerling, Mr. Gerald Singer and Mr. James Gilbert (Smerling*s attorneys), and Mr. James Orr (Smerling*s engineer). ■ m ALEXANDER HOLZER 2677 Casco Point Road CONDITIONAL USE PERMIT (#436) Commission member Hannah vacated his seat for this application due to conflict of interest. Mr. Mitchell stated that the Holzers and Smerlings have previously agreed verbally on the replacement of plantings and grass. He did not feel the height of the wall was a problem. He stated that the grade would be returned to what was existing prior to the wall construction. There are no plans for a swimming pool and it has been decided by the Holzers to remove the pillars completely. He also stated that the portion of the wall within 75* of the lake has been reduced by three courses of block. Mr. Mitchell felt the issues remaining were: 1. Conditional Use Permit - grading and filling. 2. Variance for work within 75* lakeshore setback. 3. Variance for exceeding hardcover both in the 0-75* and 75-250* area of the lake. He stated that his c of June 6, 1979. •jinii lents supplemented his letter Mr. Singer felt there was no basis for justifying any structure within the 75* lakeshore setback. He also felt beyond the 75* setback there was still some question whether a structure should be permitted, and if permitted, what height or where should it start? It was their contention that studies and a permit should have been done prior to any commencement of work, therefore, all structures built without prior City approval should be removed: property should be restored to condition existing prior to that time and at that point, if there is evidence to sustain a granting of a variance, that would be the appropriate time to consider such a request. i MINUTES OF A TUNNING COMMISSION MEETING HELD ON JUNE 11, 1979 PAGE 4 )LZER ’oint Road USE PERM! 'yA Mr. Orr, Schoell Madson, as stated in his letter of May 25, 1979, again expressed his opinion that the wall is not needed for erosion control. He feels the final determination regarding the wall should not be based on the erosion issue, but rather on the conflict of the wall*s height, placement and its obstruction of view. Mr. Smelling stated that there has never been any erosion of his property due to water from the Holzer property. Mr. Welsh stated he was not aware of a need for a building permit. Mabusth stated that we would not have required a building permit for the retaining wall; however, we would require a Conditional Use Permit for land alteration. Mr. Cook stated that he had no background Information to support the contention of a slippage problem. ^ He did not see the need for removing the footings that are inpJ.ace as they apparently add something to the integrity of the bank. He felt that if there indeed is a slippage problem the system laid out by the Holzers is okay and one method of solving the problem. The only way to determine if there is a slippage problem is by soil borings and an opinion from a soils expert. After further discussion of these issues particularly the height of the wall, Adams moved to recommend approval of a conditional use permit for the construction of a wall, height to be determined by staff but not to exceed 30” from original grade, contingent on submittal of a landscaping plan apprcfved by staff and bonded for performance with completion by November 1, 1979. In conjunction, recommend approval of a hardcover variance based on possible slippage problem contingent on a satisfactory treatment system for storm water approved by the City Engineer. Motion seconded by Wilson. Vote: Ayes t3). Nays (2) Jabbour and McDonald, Vacated (1) Hannah McDonald and Jabbour felt the Q^ardship had not been shown, the method chosen by applicant to control drainage and erosion had not been proven effective, and still had some questions regarding the height of the wall necessary for this purpose. ALEXANDER HOLZER 2677 Casco Point Road CONDITIONAL USE PERMIT Cont. (#436) mmSiKi mmmM :.f=.• ■ ' V .:* ■ r-:' - " y ] *. *. •• * . " *.* ■ .h*'' • : J/:' LZER oint Road USE PERMIT ) MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 11, 1979 PAGE 5 Mr, Ortenblad was present. This request was originally WARREN ORTENBLAD withdrawn at the Planning Commission meeting of January 22, 1979. All setback requirements for the zoning district have been met and the applicant has been made aware that the building is designated for residential use only. A conservation and flowage easement will be required over the wetlands. The septic inspector will stake the wetlands for the applicant. Staff is not satisfied with the access; they feel it should be to the County service road not to County Road 15. Frahm moved to recommend approval of the Conditional Use Permit contingent on: 1. Applicant enter into a Conservation and Flowage Easement agreement with the City. 2. Access must be resolved by staff, applicant, and the Hennepin County Highway Department. 3. Local drainageway must be reviewed by Public Works Director. 4. City will require a piled foundation for the proposed structure. Motion seconded by Adams, Vote: Ayes (6), Nays (0). Motion passed unanimously. 3870 Shoreline Drive CONDITIONAL USE PERMIT’ (^J^452) i Mr. Peterson was present. Mr. Larry Kirk, 1493 North Arm Drive, was present and stated he would not oppose the gat age if Mr. Peterson agreed to construct a fence from the rear of the Kirk house to the front of their deck. The applicant stated his reasons for the proposed garage location was the layout of the house, the slope of the back yard and the fact that moving the garage to the other side would require a new access from Hennepin County. Frahm moved to recommend approval of the 6* side yard variance contingent on the construction of a 6' fence from the rear of the Kirk house to the front of their deck. Motion seconded by Adams. Vote: Ayes (6), Nays (0). ^k)tion passed unanimously. CHARLES PETERSON 1505 North Arm Drive VARIANCE (#477) ENBLAD line Drive L USE PERMIT ITERSON i Arm Drive MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 11, 1979 PAGE 6 •i KM mM .Vi.' Mr. and Mrs. Williams were present. These combined lots were approved as a building site by Council on July 14, 1969 at which time they were purchased by the applicants. Lots have been maintained as separate parcels. McDonald moved to recommend approval of the lot area variance based on the following findings: 1. Combined lots approved as a building site by Council on July 14, 1969. % 2. Lots were purchased by the applicant as a building site, reflected in purchase price. m 3. Lots are maintained as separate parcels. 4+ acre lot and subject property are divided by zoning boundary line: LR-IA to the north and LR-IB to the south. 5. The proposed building site would be comparable to established lots in Summit Park neighborhood. 6. Lots are sewered - 1/2 unit for each lot. Motion seconded by Jabbour. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mr. Zitzloff was present. He presented a sketch of the proposed building exterior. Also present was Louis Oberhauser, 2425 Dunwoody Avenue, who had the following concerns: 1. Increased traffic on Highway 15 - he feels the acceFSS should be as far east as possible. p. 2. Felt free-standing signs would be inappropriate. Signing should be only on the building and only for identification not advertising. THOMAS WILLIAMS 455 Park Lane VARIANCE (#480) ■ ^ LOWELL ZITZLOFF 3850 Shoreline Drive CONDITIONAL USE PERMIT (#481) Jlk. % >. 'K* ■■. MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 11, 1979 PAGE 7 3. 4. He was opposed to granting any variance for hardcover. He felt there was already drainage problems in the area. He was in favor of the basic operation (Lowell’s Auto Parts) as this would be as good a use as any for this property. LOWELL ZITZLOFF 3850 Shoreline Drive CONDITIONAL USE PERMIT Cont. (#481) Mr. Zitzloff stated that the bu>‘d‘^ug would have possibly four additional stores. At this time, the ratio of retail/office space was undetermined. ^ There was some concern that this size of operation might be too ambitious for this property. It was stated that a more detailed drainage plan and hardcover calculations were needed for a complete review of this application. Planning Commission did indicate that they would be reluctant to grant a hardcover variance - and the proposed project as now presented does exceed the allowed hardcover. Hannah moved to table the application until receipt of further information including detailed drainage plans and hardcover calculations. Motion seconded by Adams. Vote: Ayes (6), Nays (0). Motion passed unanimously. /I-:-f,-, ■ ■* ‘ JOFF Lne Drive USE PERMIT Mr. and Mrs. Coakley were present. The applicants had received Council approval May 21, 1973 to construct a double garage on the condition that *'not encroach any further than the existing garage*'. They were not aware that there was a time limit on the variance approval. Mr. and Mrs. Coakley entered into the record and files letters from Stephen and JoAnne Marquesen, 2171 Shadywood Road and Norman W. Welch, 2172 Shadywood Road who favor the'request (see Page 9). CHARLES COAKLEY 2166 Shadywood Road VARIANCE (#483) .' I LOFF Lne Drive USE PFRMI' ) •j ^ -4 KLEY rood Road V., ¥> *4’ MINUTES OF A PLANNING COMMISSION MEETING OF JUNE 11, 1979 PAGE 8 <1K Hannah moved to recommend approval of the front and side setback variances due to the restraint of the property, better safety factor of new access and neighbors approval conditioned upon: CHARLES COAKLEY 2166 Shadywood Road VARIANCE Cont. (#483) 1. Mew permit required from Hennepin County Highway Department. 2. Old access to be closed off when new garage is completed. 3. New garage must maintain the setbacks of the original garage.rf:> . Motion seconded by Adams. Vote: Ayes (5), Nays (1). Frahm was opposed to adding any additional hardcover to the property. 'sM>. ■ >• i . V ■ mm Mr. Van Eeckhout was present. Planning Coramissic was satisfied with the revised plan and gave conceptual approval. Upon receipt of the septic testing a Public Information Meeting will be scheduled. CHUCK VAN EECKHOUT 1025* North Brown Road SUBDIVISION Work Session (#479) Mr. Klitzke and his builder were present. There was discussion regarding whether or not the two lots have 2*-acres dry buildable. Applicant was instructed to meet with staff to verify the dry acreage. Staff will pull the septic testing for Lot 5. Applicant will have testing done on Lot 4. A Public Information Meeting is scheduled for June 25, 1979. LOREN KLITZKE 555/575 Oxford Road SUBDIVISION Sketch Plan Review (#482) Hannah moved to approve the Minutes as submitted. Motion seconded by Adams. 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