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HomeMy WebLinkAbout08-27-1979 Planning MinutesAGENDA PLANNING COMMISSION MEETING MONDAY, AUGUST 27, 1979 COUNCIL CHAMBERS - 7:30 P.M. CALL TO ORDER 1. Call to Order/Roll ACTION ITEMS #450 Samuel Marfield, 2455 Scotch Pine Lane - VARIANCE #499 John Guthrie, 325 Sixth Avenue North - SUBDIVISION (FINAL) #502 Ronald Christensen, 3587 North Shore Drive - CONDITIONAL USE PERMIT AND VARIANCE 5. #505 Phillip Jansen, 1085 South Brown Road - VARIANCE ^ 6. #506 David Yorks, 2825 Casco Point Road - VARIANCEO i WORK SESSION 7. #495 William Pearce, 1405/1485 Sixth Avenue North - SUBDIVISION 8. #500 Timothy Petersen, 280 Orono Orchard Road - CONDITIONAL USE PERMIT AND VARIANCE ■i 9. #504 Robert Van Tassel, 1170 Loma Linda Avenue - CONDITIONAL USE PERMIT 10. #507 Development Group, Inc., 3701 Shoreline Drive PERMIT, VARIANCE AND BUILDING PLAN REVIEW - CONDITIONAL USE APPROVAL OP MINUTES 11. Meeting of August 13, 1979 i MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 27, 1979 The Planning Conunission met on the above date. Present ATTENDANCE were the following members: Chairman Wilson, McDonald, 7:30 P.M. Jabbour, Hammerel, Adams and Hannah. Mabusth represented the City staff. Hurr arrived at 7:55 to represent the Council. Hannah acted as Chairman for this application as Wilson vacated his seat being an immediate neighbor. Mr. Marfield was present. It has been determined by Council that gravel driveways are to be considered as hardcover. Mr. Marfield stated that the driveway relocation was first priority with the garage second, although he would like both. It was noted that the hardcover variance would be increased by 23% for the driveway and 30% for both the driveway and the garage. When questioned regarding hardship for the requests, Mr. Marfield stated that the garage had been shown in the original house plans which the City approved, therefore, he felt it should still be permitted. Regarding the driveway, he stated that the City had granted variances to the neighbors for two pools since he had constructed the driveway and he did not like having to drive by the pools. Q Adams moved to recommend approval of the hardcover variance up to 5% in excess of the existing hardcover to permit construction of the driveway due to the hardships of unique site characteristics and timing of restrictions, further denying the request for the garage as well as any future hardcover variance requests for this property. Motion seconded by Hammerel. Vote: Ayes (5) , Nays (0), Vacated Seat (1) Wilson. Mr. Marfield then wanted to discuss the possibility of a two car "earth sheltered" garage at this location. However, in limited discussion, the Planning Commission stated that the "earth sheltered" garage he proposed would be interpreted as hardcover. Mr. Guthrie was present. Applicant has met all requirements. Hammerel moved to recommend approval of the metes and bounds division and lot line rearrangement in accordance with the attached resolution (Page 3JV) . Adcuns seconded the motion. Vote: Ayes (6) Nays (0) . Motion passed unanimously. .".'1 SAMUEL MARFIELD 2455 Scotch Pine Lane VARIANCE (#450) ' i '•* •> ■y:: JOHN GUTHRIE 325 Sixth Avenue No. FINAL SUBDIVISION (#499) MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 27, 1979 PAGE lA RESOLUTION .NO. A RESOLUTION APPROVING A METES & BOUNDS SUBDIVISION AND LOT LINE REARRANGEMENT FOR JOHN S. GUTHRIE > WHEREAS, the City of Orono is a municipal corporation organized an existing under the laws of the State of Minnesota; and •k 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 of Tract B RLS 1281 by John S. Guthrie, the subdivider; and WHEREAS, the subdivider has completed all requirements of the City, NOW, THEREFORE BE IT -RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds division for John S. Guthrie as shown on the Certificate of Survey by McCombs-Knutson Associates, Inc. dated August 16, 1979 (Exhibit A), subject to the following conditions: M 1. Parcel A of Tract B, RLS 1281 as described on Exhibit A shall be legally combined for tax purposes with Lot 2, Block 2, HOLLY ACRES, which together shall be thereafter considered as one building site. 2. The remainder of Tract B, RLS 1281 shown as Parcel B on Exhibit A shall remain as one building site meeting all current zoning code requirements. 3. The aforesaid division sfhall be filed with the Hennepin County Recorder's office on or before February 28; 1980, together with a certified original copy of this Resolution. 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 , 1979. V. william B. Van Nest, Mayor (BATTEST: Walter R. Benson, Clerk/Administrator ‘ i • 1 j MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 27, 1979 PAGE 2 Mr. and Mrs. Christensen were present. Mabusth stated that the MCWD would not require a permit for this project. The majority consensus of the Planning Commission was that this application was a different situation than the previous one in that the earlier application was more a matter of not complying with known regulations than a hardcover issue. They also felt that although the hardcover on the property was severe, the improved safety factor far outweighed the hardcover increase. There was a question of the position of the 75* lake setback line which wojld have to be resolved to determine the exact hardcover variance required. Wilson moved to recommend approval of the hardcover variance (as required) and the conditional use permit (for the retaining wall and fill) as submitted on the proposed plan for a new garage and drainage system on the grounds of demonstrating public safety and a hardship of the unusable condition of the garage subject to the following conditions: Amount of fill restricted to 37 dump truck loads (376 cubic yards). Built: in accordance with the objective of directing drainage to County Road 51 instead of the lake as now exists. . Gravel area on south side of property and existing (jriveway to be restored to natural state with grass and plantings. Applicant must submit correct calculations or hardcover before final Council action. Motion seconded by Hammerel. Vote: Ayes (5), Nays (1) McDonald. McDonald felt no hardship had been demonstrated other than being unable to use driveway in winter months and was also concerned that a previous application had been denied. RONALD CHRISTENSEN 3587 North Shore Dr. CONDITIONAL USE PERMIT/VARIANCE (#502) ''' I *.!/ : .*!• • ••••-' *• ' * •••• MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 21, 1979 PAGE 3 Mr. Jansen was present. He stated no matter which side of the house the garage is located on a variance would be necessary. Placement of the garage on the north side permits use of the existing access on Brown Road South which is the safest access for this property. No public comments were heard. Hannah moved to recommend approval of the 18' variance request on the basis that there is no better location for the garage and the safety factor of the access. Motion seconded by Jabbour. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mrs. York was present. No public comments were heard, however, letters from the neighbors at 2820 Casco Point Road and 2829 Casco Point Road had been submitted noting no objection to the York's proposed plans. General consensus of the Planning Commission was that there was no problem with the requested side yard variance, but they were not in favor of any encroachment within the 75' lakeshore setback. ,1m Hannah moved to recommend approval of the .9' left side setback variance and 5% hardcover variance to permit construction of the porch addition but to deny any encroachment into the 75' lakeshore setback. Motion seconded by Adams. Vote; Ayes (6), Nays (0). Motion passed unanimously. The applicant was not represented. Planning Commission called for a Public Information Meeting to be scheduled for Monday, September 24, 1979 at 7:30 P.M. Mr. Petersen was present. He explained the nature of his business required communication with his offices PHILLIP JANSEN 1085 South Brown Rd. | VARIT^CE I (#505) i DAVID YORKS 2825 Casco Point Rd. VARIANCE (#506) 1 I WILLIAM PEARCE 1405/1485 Sixth Avenue North SUBDIVISION Work Session (#495) TIMOTHY PETERSEN 280 Orono Orchard Rd located outside of the U.S. which is why he is requesting CONDITIONAL USE an antenna higher than the 65' permitted by code. He encouraged the Planning Commission to visit the site and he would show them his entire operation. He also stated the antenna he proposes to install is rated for safety up to 400' while he is requesting 120'. Adams ^^was concerned about the inspection and maintenance of C^the antenna (s). There are no FCC regulations which apply to this request. Mabusth stated she would request an interpretation of the code regarding antennas from the City attorney. PERMIT/VARIANCE Work Session (#500) MINUTES OF A PLANNING COMMISSION MEETING HELD ON AUGUST 27, 1979 PAGE 4 Mr. and Mrs. Van Tassel were present. They presented pictures showing the existing situation and what they proposed to do. The majority consensus of the Planning Commission was that there was no problem with the boat house, however, there was concern regarding the deck encroaching into the 75* lakeshore setback. The Van Tassels felt the slope of the lot would be the hardship supporting the deck request. Hannah left the meeting © Present were John Nelson, Bill McQueen* and Duane Hall. There was a question regarding the zoning boundary line location shown by-the applicant and the legal description being used by staff. The general consensus of the Planning Commission was that being a less intense use of the property was particularly good in this area and perhaps a down zoning to B-4 would be appropriate. The down zoning would also solve the parking problem as B-1 would require more parking and being the most restrictive would prevail if the zoning remained unchanged. McDonald felt uncomfortable with the rezoning and favored a conditional use permit. The plans as submitted encroached into the wetland setback (26*) by 8*. McDonald stated she would not favor any variance to the wetland setback. Frahm arrived. Planning Commission directed the Zoning Administrator to check on the zoning history of the property (Lot 6, Block 7, Langdon Park). At the next meeting, the Planning Commission will make recommendation as to resolution of the zoning issue. Jabbour moved to approve the Minutes as submitted. Motion seconded by Wilson. Vote; Ayes (5), Nays (0). Motion passed unanimously. .. ' jn- ..A . ROBERT VAN TASSEL 1170 Loma Linda Ave. CONDITIONAL USE PERMIT/VARIANCB Work SessioA (#504) 10:05 P.M. mVELOPMENT GROUP 3701 Shoreline Dr. CONDITIONAL USE PERMITAARIANCE & BUILDING PLAN REVIEW Work Session (#507) 10:45 P.M APPROVAL OF MINUTES August 13, 1979 i ^ .•^1. ■ i .V -1 A