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HomeMy WebLinkAbout08-13-1979 Planning MinutesAGENDA PLANNING COMMISSION MEETING MONDAY, AUGUST 13, 1979 COUNCIL CHAMBERS - 7:30 P.M. CALL TO ORDER 1. Call to Order/Roll PUBLIC INFORMATION MEETINGS 2. 7:30 P.M. D.D. Frink, 385 Tumham Road - SUBDIVISION 3. 7:45 P.M. John S. Guthrie, 325 Sixth Avenue North - SUBDIVISION ACTION ITEMS 4. ^428 Ken Chapman, 2695 Shadywood Road - SUBDIVISION (Preliminary) 5. #448 James Lindsay, 2505 Kelly Avenue - SUBDIVISION (Final) 6. #450 Samuel Marfield, 2455 Scotch Pine Lane - VARIANCE 7. #485 Jack Safar, 925 Partenwood Road - VARIANCE 8. #501 Gerald Gustafson, 200 Bederwood Drive - VARIANCE 9. #503 Henry Schmitz, 295 Tonka Avenue - VARIANCE WORK SESSION 10. #498 Charles Carl, 3685 North Shore Drive - VACATION 11. #500 Timothy J. Petersen, 280 Orono Orchard Road - CONDITIONAL USE PERMIT 6e VARIANCE 12. #502 Ronald Christensen, 3587 North Shore Drive - CONDITIONAL USE PERMIT & VARIANCE APPROVAL OF MINUTES 13. Meeting of July 23, 1979 .Mb m MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 13, 1979 The Planning Commission met on the above date. Present wcire the following members: Chairman Wilson, Jabbour, Hannah, McDonald, and Adams. Mabusth represented the City staff. Wilson announced the Public Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. and Mrs. Frink and Polly Patch, their representative, were present. No public comments were heard. It has been determined that a description of the wetlands and a Flowage and Conservation Easement will not be needed at this time, but must be designated in a future plat. Septic testing is not required on 5-acre lots. Existing house does have a septic system. Ms. Patch stated that all existing structures meet the setback requirements. Adams moved to approve the subdivision contingent on confirmation of the exact location of existing ^structures proving compliance with setback requirements, '^subject to designation of wetlands in a futur.: plat which are now being waived due to cost and time, and payment of a park dedication fee in the amount of $100. Motion seconded by Jabbour. Vote: Ayes (5), Nays (0). Motion passed unanimously. Wilson announced the Public Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. Guthrie was present. No public comnents were heard. It has been determined that a metes and bounds description could be used instead of a plat as no new building site is being created and the application is really a lot line rearrangement. Mabusth stated that the present flowage and conservation easement over the wetlands on Lot 2, Block 2, will remain In effect. All existing buildings meet the setback requirements. ATTENDANCE 7:30 P.M. D. D. FRINK 385 Turnham Road SUBDIVISION Public Info. Meeting 7:30 P.M. - 7:34 P.M. (#493) .. » V - - •.-■•V m.-h- JOHN GUTHRIE 325 Sixth Avenue No. SUBDIVISION Public Info. Meeting 7:45 P.M. - 7:48 P.M. (#499) •• •- mMINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 13, 1979 PAGE 2 ► f Hannah moved to table the application until the August 27, 1979 meeting when further documentation of land area will be provided and with the understanding that the flowage and conservation easement existing on Lot 2, Block 2, will remain in effect. Motion seconded by Adams. Vote: Ayes (5), Nays (0). Motion passed unanimously. In discussion, the consensus of the Planning Commission was that action would be taken at that meeting and the application could go on to Council on August 28, 1979. Mr. Chapman was present. He stated that if the division were approved, the existing house would be removed; if denied, the existing house would be renovated and enlarged. Only the front lot will have riparian rights. Two sewer stubs are present; however, the property has only been assessed one sewer and one water imit. The £^main concern with this application had been the division ^i«^of land into lots with substandard lot area. Wilson moved to approve the subdivision recognizing that the two lots are minimally substandard but taking into account that a majority of the surrounding neighborhood lots are substandard, contingent on the . property being assessed another sewer and water unit, payment of a park dedication fee, and the existing house must be removed prior to the issuance of any building permit. Motion seconded by Jabbour. Vote: Ayes (5), Nays (0). Motion passed unanimously. Mr. Lindsay was present. All requirements have been met. Jabbour moved to approve the division in accordance with the attached resolution (Page 2A & 2B). Motion seconded by McDonald. Vote: Ayes (4), Nays (0), Vacated Seat (1) Hannah - vacated his seat on this application as he did not vote the last time it appeared before the Commission as he was (and is) involved in litigation on a similar matter and it seemed consistent to refrain from voting this time. JOHN GUTHRIE 325 Sixth Avenue No. SUBDIVISION Public Info. Meeting Cont. KEN CHAPMAN 2695 Shadywood Road SUBDIVISION (H28) JAMES LINDSAY 2505 Kelly Avenue FINAL SUBDIVISION (#448) 1 i u- */• »•- i m, lie No. eetlng 1 Road enue SION minutes of a planning commission meeting held on august 13, 1979 PAGE 2A RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF NAVARRE COVE 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 Council has considered the application for a subdivision plat by Kelly Avenue Duplexes Company, a limited partnership, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1.Dedication of Drainage Easements and Drainage and Utility Easements on the plat. 2.Dedication to the City of a Flowage and Conservation Easement (Exhibit A) providing for limitations on the use of "wetlands" as shown on the plat and as described therein. 3*.Creation of an area designated on the plat as Outlot A to be used as a joint use dock area for all three (3) lots, which outlot is to be owned and maintained by a homeowners association comprised.of the owners of all lots in this plat. A.Creation of an area designated on the plat as Outlot B which area is a lagoon and open water connected to the main body of Lake Minndtonka, whxch outlot is to be deeded to the City of Orono a public body. 5.Creation of private easements for walkway purposes to afford access to Outlot A and for driveway purposes to afford access to Kelly Avenue, all in favor of Lot 1 over Lots 2 and 3 and in favor of Lot 2 over Lot 3. MII^ES OF A PLANNING C(»1MISSION MEETING HELD ON AUGUST 13, 1979 PAGE 2B m Resolution No, Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Navarre Cove, Hennepin Cou:|ty, Minnesota: subject to the following conditions: 1. The i’foresaid plat shall be filed with the Hennepin County Recorder*s Office on or before February 14, 1980 together with a certified original copy of this Resolution and executed copies of the Flowage and Conservation Easement, Exhibit A, as noted above, and a quit claim deed to the City of Orono for Outlot B attached as Exhibit B. 2, Public Notice that the existing duplex on Lot 3 is a legal non-conforming use of land pursuant to the current Zoning Code of the City of Orono. m 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. Dated this day of m 1979. William B’. Van Nest, Mayor ATTEST: Walter R. Benson, Clerk/Admlnlstrator © ( i i: i '4 ■'i • » MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 13, 1979 PAGE 3 A- r Mr. Marfield was present. Main concern of the Planning Commission was the hardcover issue. Mabusth stated that normally gravel driveways are not considered hardcover. Consensus of the Planning Commission was that the definition of hardcover as used in our Zoning Code would include gravel driveways and therefore they felt some direction was needed from the Council. The applicant presently has a three car garage and is now requesting a "barn*' two cars and a loft above for storage. Hannah moved to table the application until some direction can be obtained from the Council regarding gravel driveways/hardcover issue. Motion seconded by Jabbour. Vote: Ayes (4), Nays (0), Vacated Seat (1) Wilson - vacated his seat as he is a neighbor of the area. Discussion was opened to make a recommendation ^to the Council regarding Planning Commission's ^desire that gravel driveways be considered as hardcover. Adams moved to recommend that Council establish a policy of considering a well-constructed ‘I gravel driveway as hardcover. Motion seconded by Jabbour. Vote: Ayes (5), Nays (0). Mr. Safar was present. Also present was Mr. Maland Hurr, 930 Partenwood Road. The application had been denied at the July 9. 1979 meeting although it was stipulated that the canopy could be considered again if submitted without the wall. The applicant has now submitted plans showing a wall of 11'. Mr. Hurr felt the application was still essentially the same and no hardship had been demonstrated. He again stated that he represented the neighbors who are opposed to the granting of any variance. Ik Consensus of the Planning Commission was that the plan had not changed and therefore the original motion to deny was upheld. SAMUEL MARFIELD 2455 Scotch Pine Lane VARIANCE (#450) .fa X lU. i r-.,/ JACK SAFAR 925 Partenwood Road VARIANCE (#485) m • ’ fi r ^MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 13, 1979 PAGE 4 O Mt. Gustafson was present. Applicant is requesting a 22* side yard variance and a 30* rear yard variance. Mabusth stated that the septic inspector*s memo states that the completion of his septic system does not depend upon the proposed addition, only that the system will be housed in the addition. Hannah moved to grant the variances as this is the only location suitable for the addition as the Luce Line is on the north, natural drainage area is on the east and his well is located on the south. Motion seconded by Adams. Vote: Ayes (5), Nays (0). Motion passed unanimously. Mr. Schmitz was present. Mabusth noted that a neighbor, Mr. Addison, had called the City offices and stated that he had no objection to the variance request as long as the 5* setback is maintained. McDonald moved to grant the 5* side and rewr setback and the 4*4** setback from the main structure due to the hardship of the well and driveway locations. Motion seconded by Hannah. Vote: Ayes (5), Nays (0). Motion passed unanimously. Mr. Carl was present. Consensus of the Planning Commission was that the reason for vacating property was that it served the good of the public. In this? instance the City does not use this land, does not maintain it and would probably benefit from putting it back on the tax roles. Planning Commission called for a Public Hearing to be scheduled for the meeting of September 10, 1979. GERALD GUSTAFSON 200 Bederwood Ehrive VARIANCE (#501) ; V ' • . •* is HENRY SCHMITZ 295 Tonka Avenue VARIANCE (#503) CHARLES CARL 3685 North Shore Dr. VACATION Work Session (#498) * « MNUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 13, 1979 The applicant, Mr. Petersen, was not present. Appl^cation was tabled. m i Z< 0 Mr. and Mrs. Christensen were present. Mabusth stated the attached garage was not considered by staff to be a part of the variance application as the new construction will maintain the same setbacks as the existing garage. The severe hardcover variance is unfortunate but the additional hardcover Involved with the access change is less offensive when the benefits of increased safety are considered. The drainage now ends up in the applicant's garage. Planning Commission expressed a desire to see some kind of drainage plans to show what the new construction will do to the drainage in the area. The applicant stated that the drainage would be directed towards the County road. Planning Commission also noted that a previous request for additional hardcover had been denied and requested copies of those Minutes for the next meeting. Hannah moved to approve the Minutes as submitted. Motion seconded by Adams, vote: Ayes (5), Nays (0). Motion passed unanimously. Meeting adjourned at 10:05 P.M. PAGE 5 TIMOTHY J. PETERSEN 280 Orono Orchard Rd. CONDITIONAL USE PERMIT & VARIANCE Work Session (#500) RONALD CHRISTENSEN 3587 North Shore Dr. CONDITIONAL USE PERMIT 6c VARIANCE Work Session (#502) M/ APPROVAL OF MINUTES July 23, ,1979 ADJOURNMENT .