HomeMy WebLinkAbout09-24-1979 Planning MinutesAGENDA
PLANNING COMMISSION MEETING
MONDAY, SEPTEMBER 24, 1979
COUNCIL CHAMBERS - 7:30 P.M.
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CALL TO ORDER
1. Call to Order/Roll
PUBLIC INFORMATION MEETING
2. 7:30 P.M. #495 William Pearce, 1405/1485 Sixth Avenue North
PRELIMINARY SUBDIVISION
ACTION ITEMS
3. #509 Walter Wittmer, 1420 Baldur Park Road - VARIANCE
4. #517 Robert W. Huber, 3390 Bayside Road - VARIANCE
5. #518 Martin Rafferty, 480 Linden Avenue - VARIANCE
RK SESSION
6. #512 Kirk S. Boman, 951 Spring Hill Road - CONDITIONAL USE PERMIT
7. #513 Slane McKelvey Company, 2160 Wayzata Boulevard - CONDITIONAL USE PERMIT
SKETCH PLAN REVIEW
8. #511 Fred Herfurth, 560 Old Long Lake Road - SUBDIVISION
9. #514 Eric Christensen, 980 North Shore Drive West - SUBDIVISION
10. #515 Jurgen Stielow, 4680 Bayside Road - SUBDIVISION
11. #516 James Lindsay, 2505/2507 Kelly Avenue - SUBDIVISION
APPROVAL OF MINUTES
12. Meeting of September 11, 1979
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MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 1979
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The Planning Ccmmission met on the above date.
Present were the following members: Hammerel, who
chaired the meeting, Adams, Frahm and McDonald.
Mabusth and Gaffron represented the City staff.
ATTENDANCE
7:30 P.M.
Mr. Pearce was present. Mabusth stated she had
tb-^i Affidavit of Publication and Certificate of
Killing. Also present were Mary Dayton, 1295
5^ixth Avenue North and Kurtis Greenley, 1485
Long Lake Boulevard who were most concerned with
the location of the access to the two sites and
the location of the bouse within the two acre
buildable area. The Zoning Administrator
discussed the site plan submitted for the 10-acre
lot and noted that the proposed driveway was
located over the drainfield test area. Planning
Commission advised that a more detailed site plan
must be submitted upon applying for a building
permit and if necessary new septic testing may
be required by staff. The Planning Commission
discussed with the applicant the possible need
for the City to request a 20* wide drainage
easement over creek running through 24-acre parcel.
Mr. Pearce said he had no problem with this
requirement as long as it would not interfere with
existing and proposed driveways.
WILLIAM PEARCE
1405/1485 Sixth Ave. No.
PRELIMINARY SUBDIVISION
Public Information Mtg.
7:30 P.M. - 7:55 P.M.
(#495)
Tom Frahm moved to recommend approval of the metes
and bounds division of William Pearce subject to
the following conditions:
1. Staff to review new site plan for 10-acre site
upon application for building permit, said plan
to preserve the best septic area including adequate
soils for main and alternate septic systems.
2. Certificate of survey describing the following:
m a)
b)
Legal description for each of the two parcels.
Two wetlands as drainage easements with
necessary legal descriptions for both.
Creek running through Parcel 1 as a 20* wide
drainage easement.
3. Amendment of original driveway easement agreement
serving the three parcels.
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MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 1979
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4. Quit Claim Deed for right-of-way to CSAH 6,
to also include extended ditch area - to be
deeded to County,
5. Payment of Park Dedication Fee of $200.00
($100.00 each lot).
WILLIAM PEARCE
1405/1485 Sixth Ave. No,
PRELIMINARY SUBDIVISION
Public Information Mtg.
(#495) Cont.
6. Title opinion - current addressed to City.
Motion seconded by McDonald. Vote: Ayes (4),
Nays (0). Motion passed unanimously.
The applicant proposes constructing a 28' X 24'
garage requiring a side yard variance of 8' and
street setback variance of 6'. The Wittmers
do not have a garage at present. The new garage
will not only store the family cars, but serve
as the main storage area for the residence as it
does not have a basement. The applicant will
remove the non-conforming shed (8' X 12') when
the garage is built. Frahm questioned the need
for such a large garage especially in an
application where a hardcover variance is required.
Planning Commission noted that most of the garages
on Baldur Park Area were located near the road
and that this was the last developed property to
require a variance for a new garage.
WALTER WITTMER
1420 Baldur Park Road
VARIANCE
(#509)
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McDonald moved to recommend approval of the variance
request as the special conditions applying to the
structure and land in question are peculiar to such
property or immediately surrounding property and do
not apply generally to other land or structures in
the district in which said land is located, the
granting of the proposed variance will not in any
way impair the public health, safety, comfort, morals,
or general welfare, the granting of the proposed
variance will not be contrary to the intent of the
Comprehensive Land Use Plan or the Zoning Code, and
the granting of such variance will not merely serve
as a convenience to the applicant, but is necessary
to alleviate d^onstrated hardships or difficulties
and that this is the last developed property to
require a variance for a garage. Motion seconded
by Hammerel. Vote: Ayes (3), Nays (1). Motion
passed. Frahm voted against the request noting
that the garage size could have been decreased and
that this proposal will add to an area that is
already overburdened with excess hardcover and
severe drainage problems.
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DIVISION
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MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 1979
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The applir nt proposes the construction of a
34* X 20* addition, consisting of two bedrooms
and a bath. The Hubers note that an existing
9* X 12* bedroom will be converted to a den-
sewing room and that the house will have three
defined bedrooms. The Zoning Administrator
reviewed the variances required in this
application: 1) variance to moratorium,
2) variance to septic code - 50* separation
between well and drainfield (75* is required
in Septic Ordinance) & 10* setback from
property line for drainfield (20* is required
in Septic Ordinance), and 3) variance for
side yard setback of 19.2*.
Gaffron reviewed for the Planning Commission
the conflicts presented with this type of
application involving building expansion on
substandard lots and complying with standards
of septic code. The proposed expansion on the
Huber property not only increased the
specification for main drainfield area but placed
the S2une demands on seeking an alternate drain-
field area. There was not enough dry land area
left to satisfy the septic code. The Hubers have
been able to acquire an additional lot. Gaffron
recommends approval based on acquisition of the
additional land for an alternate site.
Frahm moved to recommend approval of the variance
based on the septic inspector's recommendation
and that Lot 6 be combined with Lots 12 and 13
upon Council approval, proof of combination
obtained before a building permit will be issued.
Motion seconded by Adams. Vote: Ayes (4),
Nays (0). Motion passed unanimously.
The applicant proposes combining lots 9, 10, 11,
12 and 13, Block 2, Minnetonka Summit Park to
create a residential building site. The
combined lots total 68% of required acre or a
32% lot area variance. Each lot was assessed
.20 of a unit, totaling a full unit assessment
upon combination. After an inspection of the
site. Planning Commission determined the request
to be consistent with pattern of neighborhood
development. Planning Commission noted site
plan submitted with application did not require
setback variances. Applicant was advised that
if Council grants the lot area variance, no
setback variances would be granted.
ROBERT W. HUBER
3390 Bayside Road
VARIANCE
(#517)
MARTIN RAFFERTY
480 Linden Avenue
VARIANCE
(#518)
MINUTES W A PLANNING COMMISSION MEETING HELD ON SEPTEMBER
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McDonald moved to recommend approval of the lot
£ix>0a variance for the five lot combination^
subject to proof of combination to be submitted
upon application for building permit, based on
the following findings;
1. sewer is available,
2. no more available lots, and
3. consistent with pattern of neighborhood
development•
Motion seconded by Frahm. Vote; Ayes (4),
Nays (0). Motion passed unanimously.
Mr. Boman was present. Planning Commission
questioned the need for 58* height antenna since
this was just for hobby use. The applicant stated
that this was the height required to meet the
desired transmitting and receiving. The 58
setback from all property lines can be met.
Mr. Boman stated that his neighbor to the west
had no objection, the trees along the lakeshore
shields the antenna from the boaters view, and
that wetlands surround the property to the east.
Planning Commission noted for the record that
given the current ordinances for antennas,
they find it difficult to deny applications
where a given height does not require a variance
for either setback or structural height.
Planning Commission will decide if there is a
need for special study group to make recommendation
for amending current antenna ordinances.
Janet McKelvey and Frances Slane were present.
Planning Commission reviewed the restaurant plans
with the applicants and noted that based on a
zoning review they had no problems with the
application but that a more in-depth review
would be provided by the building inspector at ^
the October 15, 1979 meeting. Planning Coi^ission
cited for the record that they were favorably
impressed with the backgrounds of the applicants.
The question of a designated parking area for
the restaurant was raised, but Planning Commission
felt that this would not be necessary in a
shopping center environment. The entire shopping
mart provides 110 stalls. The restaurant is
required to provide 18 stalls per .’.oning code
standards.
MARTIN RAFFERTY
480 Linden Avenue
VARIANCE
(#518) Cont.
KIRK S. BOMAN
951 Spring Hill Road
CONDITIONAL USE PERMIT
(#512) WORK SESSION
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SLANE MCKELVEY COMPANY
2160 Wayzata Boulevard
CONDITIONAL USE PERMIT
(#513) WORK SESSION
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MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 1979
PAGE 5
11 Road
SE PERMIT
BSSION
Rosalie Smith represented the applicant. Commission
reviewed the reasons for the City requiring ^ plat
for this subdivision. Septic Inspector noted that
lot lines of the 2-acre lot may have to be
adjusted if the septic site evaluation deems it
necessary. At this point in the review.
Planning Commission was unable to determine the
need for a loop road connecting with the proposed
Owens plat to the west since we were dealing with
a potential 2+ acre density. It was noted that
the subject property has severe slope considerations
and 8.5 acres of designated wetlands. Planning
Commission gave conceptual approval and set a
Public Information Meeting for October 15, 1979.
Mr. Christensen was present. The two lot plat
satisfies all the standards set by the RR-IB
zoning district. Septic tests for the most
northern lot will be required. Planning
Commission determined the septic testing
submitted for the original Englund plat will
be acceptable for the most southern lot.
Planning Commission advised staff to set a
Public Infomiation Meeting as soon as the
required septic information is received.
FRED HERFURTH
560 Old Long Lake Road
SUBDIVISION
Sketch Plan Review
(#511)
ERIC CHRISTENSEN
980 North Shore Drive W.
SUBDIVISION
Sketch Plan Re 'iew
(#514)
Item tabled at request of applicant prior to
the meeting.
JURGEN STIELOW
4680 Bayside Road
SUBDIVISION
(#515)
SY COMPANY
Boulevard
JSE PERMIT
SESSION
Mike McGuire represented the applicant.
Mr. McGuire is the proposed buyer of Lot 3,
Block 1, Navarre Cove. He cited his reason
for requesting a PRD subdivision with zero lot
line through existing duplex structure was to
enable owner occupied homestead. Planning
Commission reviewed the concerns posed by
approving the subdivision where the main
structure has been formally recognized as a
legal non-conforming use. Planning Commission
gave conceptual approval to the subdivision
based on the following considerations;
1. owner occupied feature, and
2. owner lot lines have been designated deep
enough to allow, if necessary» for new
construction to meet 35* setback fron street.
Public Information Meeting scheduled for
October 15, 1979.
JAMES LINDSAY
2505/2507 Kelly Avenue
SUBDIVISION
Sketch Plan Review
(#516)
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Review
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Review
MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 1979
PAGE 6
Frahm moved to approve the Minutes of the
September 11, 1979 meeting as submitted.
Motion seconded by Adeuns. Vote: Ayes (4),
Nays (0). Motion passed unanimously.
APPROVAL OP MINUTES
September 11, 1979
Planning Commission moved to cancel their
regularly scheduled meeting for
November 5, 1979.
MEETING CANCELED
Meeting adjourned at 10:00 P.M.
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ADJOURNMENT