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Home My WebLink About06-25-1979 Planning Minutesy AGENDA PLANNING COMMISSION MEETING MONDAY, JUNE 25, 1979 COUNGIL CHAMBERS - 7:30 P.M. CALL TO ORDER 1. Call to Order/Roll PUBLIC INFORMATION MEETING 2. 7:30 P.M. US2 Loren Klltzke, 555/575 Oxford Road - SUBDIVISION ACTION ITEMS 3. #354 Roger Fazendin, 2700 Sixth Avenue North - FINAL SUBDIVISION 4. #410 Popov/Polsson, 4080 Bayslde Road - FINAL SUBDIVISION 5. #412 Mrs. Roy Hollander, 225 Sixth Avenue North - FINAL SUBDIVISION 6. #431 P. Gerald Mills, 1600 Shoreline Drive - FINAL SUBDIVISION 7. #459 Richard Proudfit, 3220 Navarre Lane - CONDITIONAL USE PERMIT 8. y/485 Jack Safar, 925 Partenwood Road - VARIANCE 9. #486 Francis A. Nelson, 3844 Cherry Avenue - VARIANCE 10. #487 John G. Nyquist, 1432 Baldur Park Road - VARIANCE SKETCH PLAN REVIEW 11. #488 Mary C. Staples, 860 Spring Hill Road - SUBDIVISION APPROVAL OF MINUTES y-i * 0 12. Meeting of June 11, 1979 INFORMATION ITEMS 13. Stubbs Bay Study Resolution 14. Joint Cotncil/Planning Commission Meeting - June 27, 1979 (7:30 P.M.) 15. Proposed Joint Meeting between Orono/Vayzata (Council,representatives. Mayors and Staff) to discuss Wayzata Country Club Condominium Proposal. 16. Discussion - City Administrator’s Letter of May 24, 1979 11 iy minutes of a planning commission meeting held on JUNE 25, 1979 # The Planning Coramlstjion met on the above date. Present were the following members: Chairman Wilson, Hannah, Jabbour, Adams, Frahm and Hammerel. Mabusth represented the City staff. Wilson announced the Public Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Maili.ig. Lcren Klitzke, the applicant, reviewed for the Commission the meeting with staff at the site. Michael Gaffron had restaked the wetlands affording an increase of approximately 3/4 of an acre for Lot 2 and a slight increase ^he dry buildable for Lot 1. Staff noted that a redesignation of the drainage easements is proposed for the property, specifically Lot 1. Hannah moved to recommend preliminary approval based on the fact that there are two buildable lots because of the following findings: 1) both lots contain the necessary two acres of dry buildable land, 2) possible need for a new Flowage and Conservation Easement as a result of the re designation, 3) need for a 10' variance for property line setback for drainfield, and 4) no park dedication fee to be charged. Motion seconded by Hammerel. Vote: Ayes (6), Nays (0). Motion passed unanimously. There was a brief review of the plat as Planning Commission had not reviewed the plat for several months. Hammerel moved to recommend approval of the final plat subject to the staff resolution (Page lA & IB). Motion seconded by Frahm. Vote: Ayes (6), Nays (0). Motion passed unanimously. Wilson called note to the fact that the final resolution did not correctly identify the road outlots as specified on the final plans enclosed in the packet. Staff noted that the surveyor had not followed last minute instructions to correct original mylars resulting in incorrect designation of road outlots on final resolution. Staff will make the necessary corrections in final resolution. ATTENDANCE 7:30 P.M. LOREN KLITZKE 555/575 Oxford Road SUBDIVISION Public Info. Meeting 7:30 P.M. - 7:45 P.M. (#482) ROGER FAZENDIN 2700 Sixth Avenue No. FimL SUBDIVISION (#354) POPOV/POISSON , 4080 Bayside Road FINAL SUBDIVISION (#410) i # MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25, 1979 PAGE lA RESOLUTION NO. A RESOLUTION APPROVING lUE PLAT OF FAZENDIN FOREST m o WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and A 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 I I V7HFREAS, the City Council has considered the application for a subdivision plat by Roger Fazendin, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution . No. 1006. 2.Dedication on the plat of rights of way 40 feet wide from centerline for public streets and roads, shown as County Road No. 6. 3.Dedication to the City of a FTowage and Conservation Easement (Exhibit A) providing for limitations on the use of wetlands and/or drainageways described therein. 4. Payment to the City of a Park Dedication Fee in the amount of $250.00. 5. Payment of all additional City administrative costs according to Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Fazendin Forest, Hennepin County, Minnesota; subject to the following conditions: 1.The aforesaid plat shall be filed with the Hennepin County Recorder’s Office on or before December 26, 1979 together with a certified original copy of this Resolution and executed copy of Exhibit A as noted above. MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25, 1979 % PAGE IB ^ '''' on No. e c 2. t .: - . r V-I 3. at Council'^°^*^^-• correspondence, discussion v-c s meetings and provisions of Resolution 1006 has been placed on notice that the City of MediL ...ay require a sanitary sewer ease-ent rl.,- v. t .In the future. ^ e=se.,ent through Lot 1 9 ifriesrtharso'r'^rr" ^ 2 shall be0 feet from the County Road right of way. be necessary to file a new aDDlirfl^• ^ that event, it will subdivision review. with the City of Orono for Dated this 71 day of 1979. William B. Van Nest, Mayor ATTEST: .s'-."-4.V v/iaiL'v. I MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25, 1979 PAGE 2 Frahm moved to recommend approval of the final plat subject to the following modifications: final resolution and documents will be amended to show Outlet A as the private road and Outlet B as the private driveway. (Amended resolution Page 2A & 2B) Motion seconded by Hammerel. Vote: Ayes (6), Nays (0), Motion passed unanimously. POPOV/POISSON 4080 Bayside Road FINAL SUBDIVISION Cent. (#410) Hammerel stated that the plat reflected changes from the preliminary plans. Staff reviewed the changes but felt they were minor and that the overall density of the lots were satisfactory. Wilson questioned the drainage and utility easements designating the wetlands on the plat - staff again noted the need to have the mylar copies changed to read only "drainage easement". MRS. ROY HOLLANDER 225 Sixth Avenue No. FINAL SUBDIVISION (#412)* i Planning Commission discussed the need to reevaluate the enclosures in the packets for final plat approval. All the conditions of the plat approval are not only listed in the final resolution, but some if involved with physical improvements are cited in the Subdivider*s Agreement. Staff asked if an inclusion of the "special provision" sheet of the Subdivider*s Agreement would solve this problem. This inclusion will ensure a more complete review. Adams moved to recommend final plat approval subject to the staff resolution. (Pages 2C - 2E). Motion seconded by Wilson. Vote: Ayes (6), Nays (0). Motion passed unanimously. Adams questioned the width designation along the Idkeshore for Outlots A 6e B. Adams was advised that the necessary 200* width along the lakeshore was designated. It was also npted that the final resolution did clarify the relationship of the lakeshore outlots with riparian access and Lots 1 and 5. C Hammerel moved to recommend approval of the final plat subject to the staff resolution (Page 2F & 2G). Motion seconded by Jabbour. Vote: Ayes (6), Nays (0). I Motion passed unanimously. ia P. GERALD MILLS 1600 Shoreline Drive FINAL SUBDIVISION (#431) .-1 1 ;oN le Road :VISION MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25, 1979 PAGE 2A RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF POPOV ADDITION ‘ \ ~ M )LLANDER Avenue No. i [VISION ; 4ILLS Line Drive [VISION •iV . *IP»" ila-u. ♦ ; ■RHEREAS, the City of Orono is a irtunicipal corporation organized and existing under The laws of the State of Minnesota; and VTIlREAS, the City Council of the City of Orono has adopted rnbdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by Fred Poisson and Boris Popov, the subdividers; and ♦ _ WHEIREAS, the subdividers have completed all requirements of :be platting regulations of the City, including: 1. Dedication of County Road 84 right of way 33* from centerline. j 2. 3. Creation of a private road to serve Lots 2, 3 and Filbrandt property to east, over Outlet A. Concurrent with the creation of this private road, the Subdivider has dedicated to the City a Road and Utilities Easement (Exhibit A) granting to the City permanent access, improvement and utility easements over said Outlot A, Creation of a private driveway to serve Lots 2 and 3 only, over Outlot B with private ingress, egress, drainage and utility easements and/or joint ownership but without public easement to the City, Dedication to the City of a Flowage and Conservation Easement (Exhibit B) providing for limitation on the use of wetlands and/or drainageways described therein and as shown on the Plat as "WETLAND" and "DRAINACX EASEMENT*'. 5. PajTnent to the City of a Park Dedication Fee in the amount of $100.00. MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25, 1979 PAGE 2B Ecsol\3tion Ko. ?£te 2 i\OW, PHlREFORE. BE IT RESOLVED, tr-3t the City Council of the City of Orono hereby approves the plat of Popov Addition, Hennepin County, Minnesota; subject to the following conditions: . \ rne aforesaid plat shall be filed with the Hennepin County Recorder's Office on or before Decerrber 26, 1979 j, together with a certified original copy of this Kesolut.io and e>:ecuted copies of Exhibits A and B as noted above. ■^^tor i_o issuance of building penrit for construction on ^®t 2 the private road over Outlot A must be improved to a minimuiD surface width of 18'. The private driveway extension over Outlot B must be improved to a minimum ^2. Surface widtn with a minimum 30" diameter culvert at the orainage easement crossing. Road and driveway improvements shall be according to all current City specification standards for such work and shall be subject to issuance of all required permits. ■'4' 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 subdivision review. r « i June illiam B. Van Nest, Mayor Walter R. fi^son, ~C1 erk/Administrator ! -J-'j 1 of Hennepin if pin 6, 1979 Resol ut.io V above. :tion on roved Iriveway .fjj limuin [vert ^eway Lty >e It has will 'or MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25, 1979 < • PAGE 2C RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF HOLLY ACRES t.- l^EREAS, 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 Council has considered the application for a subdivision plat by Hildur P. Hollander, the subdivider; and. WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of rights of way for public streets and roads, shown as County Road 6. 2. Creation of a new private road shown on the plat as ‘ Outlets A, D, and E, to be known henceforth as HOLLANDER ROAD. Concurrent with the creation of this private road, the subdivider has dedicated to the City a Road and Utilities Easement ( Exhibit A) granting to the City permanent access, improvement and utility easements over said Outlets, the subdivider has created non-exclusive ingress, egress, drainage and utility easements (Exhibit B) over said Outlets in favor of all abutting and/or benefiting lots; and the subdivider has created certain maintenance covenants (Exhibit B) wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. '■1 ■■ ii H :<yv. h 3. Dedication to the City of a Flowage and Conservation Easement (Exhibit C) providing for limitations on the use of wetlands and/or drainageways described therein. • 4. Execution of a Subdivider’s Agreement providing for installation of private road improvements as a condition of subdivision approval. ■4 . ^ ■ ^ts; id/or jntly .vate I. tion MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25^^1979 h Resolution No. Page 2 Rite Grading, street grading including the liTnestone base per approved P^!"®* improvements shall be gg^°paving and improvements to the Agreement. i'i Payment to the City of a Park Dedication Fee in the antount of $2,000. xinu thfrfforE be it resolved, that the City Council of the City of Orono hereby approves the plat of Holly c . . MinLspta; subject to the following conditions. 1. ' .W rm. r c-tri Tilat shall be filed with the Hennepin County The aforesaid plat snaii oa 1Q7Q tocetherP^w.rder's Office on or before December 26 1979 togetner y All lots in this subdivision, including Outlots B & C till! hL^sole road access via the new private road on ^tl^n D Ld/or E. No direct access shall be Outlots , , x>m>A A The existing accesses pei^itted onto Co^^ s?ructurps on OutlotS shall be from County f ^p^^^opto Outlot A as soon asremoved and replaced by access uu the new private road is constructed. ; & .—ll '4 ,^t. p,op„., nS 1" rp “.5". '.lUfrs; A j w c .h.u b. .»bj.p. to ..pppd pb... .„bdivi.io.,.ppii-«™ .bd i.,. b'}"fnv; srirSb*"""'"'’will not be issued for Outlots B & C until such resubdivision is approved. '.‘.-s-t ‘f ■/" •‘1 > •f ' -1^ f.: -v I of » >f rovements ^cording of the County, W INUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25, 1>79 Resolution No, PAGE 2E Page 3 The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, xt will be necessary to file a new application with the City of Orono for subdivision review. ^ Dated this -“wr- day c£, 1979. > ’ n County ogether and ibove.h * ■ti - 3 X ' 9 process /ed as building phase tie ade il dings m ATTEST: I William B, Van Nest, Mayor Vr- Walter R. Benson, Clerk/Administrator ■ >.'^r lb. it T i -V ■.■■;!’.■ r/r“ •if i - {'V % ■ '-'f . w sr mfi ' -V.-' • ■ .a K. ■ f V L-'. “JU -.1 ‘iX'.' V.^4 ^sa Tv-' ■' ty MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25, 1979 PAGE 2F KESOLUTION NO. A RESOLirnON APPROVING THE PLAT OF MILLSTON C C \sTiEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and vTiEREAS, the City Council of the City of Orono has adopted subdivision regulat-ions for the orderly, economic and safe development of land within the City; and m *lP WHEREAS, the City Council has considered the application for a subdivision plat by P. Gerald Mills, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion or conformance with all requirements of^ Resolution No. 984 granting preliminary approval to this Subdivision. 2. Dedication on the plat of a 66* wide right of way for public streets and roads shown as County Road No. 15. 3. Creation of a new private road shown on the plat as Outlot C to be known henceforth as MILLSTON ROAD, ^ncurrent with the creation of this private road, the Subdivider has^ ■ dedicated to the City a Road and Utilities Easement (Exhibit A) granting to the City permanent access, improvement and utility easements over said Outlot; the Subdivider has created non exclusive ingress, egress, drainage and utility easements (Exhibit B) over said Outlot in favor of all abutting and/or ^benefiting lots; and the Subdivider has created certain maintenance covenants (Exhibit B) wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay for the cost of maintenance for said private road. 4. Execution of a Developer’s Agreement providing for relocation of the private road intersection with County Road 15 on or before August 25, 1979. • » 5. Payment to the City of a Park Dedication. Fee in the amount of $750.00. t - • GTfS for ent s bit A) ility n- i/or It ting for imSSSs MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE Kesolution No. Page 2 1 V Ir > M NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Millston, Hennepin County, Minnesota; subject to the following conditions. 1. The aforesaid plat shall be filed with the Hennepin County Recorder's Office on or before December 26, 1979_ together with a certified original copy of this Resolution and executed copies of Exhibits A & B as noted above. 2. Lots 2, 3f snd 4 are .riparian to Lake Minnetonka (Tanager Lake) by means of direct shoreline access. 3. Outlet A shall be held in common ownership with Lot and shall provide riparian access to Lake Minnetonka ■ (Smith Bay) for said Lot 1; Outlet B shall be held in common ownership with Lot 5 and shall provide riparian access to Lake Minnetonka (Smith Bay) for said Lot 5. 4 The existing cottages on Lots 2 and 3 shall be removed prior to issuance of building permits for new residences on these respective lots. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that eveirt, wi be necessary to file a new application with the City of Orono for subdivision review. Dated this oi day of June -0/<^ 1979. LL/' William B. Van Nest, Mayor Walter R. Benson, Clerk/Administrator MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 25 , 19 PAGE Richard Proudfit and his attorney, Allan Quello,^ were not present, ^lue to the long delay in getting the application back on the Planning Gornmission agenda j last appearcince was March 12, .1979, the Commission decided to take action. Frahm moved to deny the temporary occupancy or Conditional Use Application of Richard Proudfit based on the following findings: 1. Lack of parking spaces. 2. This type of use does not fit into a residential neighborhood. 3. Use is violation of the Zoning and Building Code. The following are recommended conditions under the denial: 1. By May 1, 1980, the property must cease as a non-residential use. Property to revert to a residential use only. 2. During the grace period, all business activity to be conducted within the hours of 7:00 A.M. and 7:00 P.M. 3. Applicant must post a performance bond of $5,000 because the applicant has no right to the existing use for the City could ask him to move immediately. City is guaranteed over the grace period by requiring a deposit from the applicant showing his good faith that he will be out by May 1, 1980. RICHi 3220 COND (#45 I'.; ■v';' •■•'.-I Motion seconded by Hammerel ^tion passed unanimously. Vote: Ayes (6), Nays (0).