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HomeMy WebLinkAbout09-24-1979 Planning MinutesAGENDA PLANNING COMMISSION MEETING MONDAY, SEPTEMBER 24, 1979 COUNCIL CHAMBERS - 7:30 P.M. HfF;. . H|P •.*v Ic ** ■ 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 5 t # S(f“ i MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 1979 r* 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. O ii r MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 1979 PAGE 2 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) L »' !♦ « ■••'v..?, V-' e 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. ' J ■ O- ^TTT ■ • : • Ave. No. DIVISION ion Mtg. k Road fc't;-: -e-vr-/: MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 1979 PAGE 3 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 d d..., > 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 .u ' r e SLANE MCKELVEY COMPANY 2160 Wayzata Boulevard CONDITIONAL USE PERMIT (#513) WORK SESSION ■i 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) 179 ! 5 m j Lake Hoad Review n4>r •• • " ■;-t: BN SEN liore Drive W Re ’iew t. LOW e Road AY elly Avenue 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. mm ADJOURNMENT