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HomeMy WebLinkAbout10-29-1979 Planning Minutes81 i ■ ■ ■Wf AGENDA PLANNING COMf'ilSSION MEETING MONDAY, OCTOBER 29, 1979 COUNCIL CHAMBERS - 7:30 P.M. CALL TO ORDER 1. Call to Order/Roll PUBLIC INFORMATION MEETINGS 2. 7:30 P.M. #511 Fred Herfurth, 560 Old Long Lake Road - SUBDIVISION ACTION ITEMS 3. #434 Fred Herfurth, 225 North Ferndale - FINAL SUBDIVISION (Resolution) 4. 0 #494 Henry Kingman, 1185 Ferndale Road West - VARIANCE 5. #516 James Lindsay, 2505/2507 Kelly Avenue - SUBDIVISION 6. #522 0, E. Fisher, Jr., 4460 North Shore Drive - VARIANCE 7. #524 A. R. Backstrom, 1973 Eagerness Point Road - VARIANCE 8. #527 Donald Hagen, 2130 Shadywood Road - VARIANCE SKETCH PLAN REVIEW 9. #523 John Whitman, 1540 Sixth Avenue North - SUBDIVISION 10. #525 Lee Primus, 4680 Bayside Road - SUBDIVISION 11. #526 First National Bank of Navarre, 2465 Shadywood Road - SUBDIVISION APPROVAL OF MINUTES 12. Meeting of October 15, 1979 INFORMATION ITEMS Joint Planning Commission/Council Meeting, November 17, 1979. ^JFence Ordinance - Public Hearing Planning Commission Meeting - November 26, 1979 Stubbs Bay Study Area - On Council agenda October 30, 1979 ..5 .'3 % t . r o ■ • « minutes of a planning commission meeting held on OCTOBER 29, 1979 The Planning Commission met on the above date. Present were the following members: Chairman Wilson, Jabbour, Hannah, Adams, Frahm and Hammerel. Mabusth represented the City staff. Mike Gaffron was also present. ATTENDANCE 7:30 P.M. Wilson announced the Public Information Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Mr. Herfurth was present. Mabusth briefly explained the request. The main question was whether or not the Planning Commission felt there is a need for an extension of the road easement to the western property line. Adams questioned the status of the Owens proposal and was informed that the item had not been pursued beyond the Sketch Plan Phase at this time. The general consensus of the Planning Commission seemed to be that it was not appropriate to address the road extension at this time but in the event of a future subdivision request. No public comments were heard. FRED HERFURTH 560 Old Long Lake Rd SUBDIVISION Public Information Meeting 7:30 P.M. - 7:40 P.M (#511) Adams moved to recommend approval of the preliminary plat with the understanding that the extension of the road easement would be considered with any future subdivision request, contingent on the following: a;. V Flowage and Conservation Easement over 8.5 acres of wetlands. k ..iIk2 3 66* right-of-way dedication for Old Long Lake Road Creation of two outlots - created by the inter- f 4 5 secting of Old Long Lake Road and Luce Line Access road to be a 50* outlot. Payment of park dedication fee of $100.00 Motion seconded by Hammerel. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mr. Herfurth was present. Mabusth explained the final request which is for seven single family residences within the P.R.D. concept. All requirements have been met. FRED HERFURTH 225 North Ferndale FINAL SUBDIVISION (#434) Hammerel moved to recommend approval of the final plat in accordance with the staff resolution (Pages lA & IB). Motion seconded by Hannah. Vote: Ayes (6), Nays (0). Motion passed unanimously. ■LJ J^INUTES OP A PLANNING COMMISSION MEETING HELD ON OCTOBER 29, 1979 Page lA RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF NORTHGATE TWO 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 The Northgate Partnership, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: Dedication on the plat of rights of way for public streets and roads, shown as ”Ferndale Road.” 1. © 2. 3. Dedication on the plat of Drainage and Utility Easements. Creation of a new private road shown on the plat as Outlot D, to be known henceforth as ’’Northgate Road."mr 4.Declaration of Covenants, Conditions and Restrictions to be binding on all the parties having any right, title or interest in Northgate Two or any part thereof, which Declaration includes: a) Creation of a Homeowner's Association for effecting control, maintenance, protection and preservation of the private road and all other common spaces including the areas shown on the Plat as Outlets A, B, C and D. Creation of Private Road Maintenance Covenants to assure continued maintenance of the private road to the same quality and standards as applicable to City maintained roads. Granting of a Utility Easement to the City over, \inder and across all of Outlots C and D. © Granting to the City a perpetual Open Space Easement across Outlot C as a condition of approval for the clustering of individual home sites under provisions of the City's Planned Residential Development Ordinances. Execution of a Developer' s Agreement providing for installation of road, sewer and water improvements as a condition of subdivision approval, including payment of all fees required therein. ‘■i.i •‘i • - MINUTES OF A PLANNING COMMISSION MEETING HELD ON OCTOBER 29, 1979 I Page IB ilesolution No. Page 2 6. Payment to the City of additional sewer lift station unit assessments consistent with the increased density on the property beyond that originally assessed by levy #5086, as follows: 4 additional units x $192.60 lif*t station assessment = $770.40. 7. Payment to the City of a Park Dedication Fee in the amount of $2640.00 for 6 new units on the property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Northgate Two, Hennepin County, Minnesota; subject to the following conditions: 1. Single family residential structures may be erected anywhere within Blocks 1~7 inclusive with no side-yard setbacks required from those Block boundaries. 2. No structure shall be erected in Outlet C in violation of the 'Open Space Easement referenced above. 3. All outstanding sewer and water assessment shall be evenly divided among Blocks 1-7 inclusive. 4. The City shall assume ownership and maintenance of water and sewer laterals up to individual residence Stubbs upon satisfactory completion and formal acceptance of these improvements. 5. The Home Owner's Association shall retain ownership and maintenance of the Private Road. 6. The aforesaid plat shall be filed with the Hennepin County Recorder's Office on or befoxe April 30, 1980 together with a certified original copy of this Resolution and an executed copy of The Declaration of Covenants, Conditions and Restrictions as noted above. 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 30 day of October, 1979. Wxlliam B. Van Nest, Mayor ATTEST: Waiter ft. Benson,Clerk Administrator * • minutes of a planning commission meeting held on OCTOBER 29, 1979 PAGE 2 # 3 4^. Present were Mr. and Mrs. Kingman, Mr. Brooks Cavin, HENRY KINGMAN tneir architect, and Mr. Sid Rebers, the contractor. 1185 Ferndale Road Mabusth explained the previous Noble request which had been approved by the Council in December, 1978. Mr. Kingman stated the following comparisons of the noble/Kingman applications: KINGMAN VARIANCE (#494) West NOBLE Hardcover 7,753 s. f. Home 5,690 s. f. West Side 18 ft. East Side 23 ft. Wetlands 32 ft. Lake 75 ft. 1 Mr. and Mrs. Ritz, 1165 Ferndale Road West, and Mr. and Mrs. Gamble, 1205 Shoreline Drive, have approved of the proposed plans specifically the 55' setback from the lake for house location (a letter stating this approval is in the file). The main concern of the Planning Commission was the 55' lakeshore setback and the fact that the driveway would encroach on the wetland setback. In discussion, the architect stated the main reason for the house location is that this is the highest elevation. He felt that the justification for the 55' lakeshore setback was that most of the drainage (possibly 2/3 of all drainage) would be directed to the wetlands and not to the lake. If the house was moved to the 75' line, a greater portion of the runoff would drain to the lake. The architect would supply supportive data for the Council meeting. The location of the neighboring houses also played a part in the location of the house so that they would be aligned. Frahm was concerned about the drainage and felt that he needed an opinion from the City engineer. Hannah moved to recommend approval of the 55' lakeshore setback; wetlands variance of 15' for the driveway; 3' variance from the left side setback and a hardcover variance in the 0-75' zone as it is consistent with the neighboring properties and provides a beneficial drainage situation contingent upon a letter from the architect verifying that approximately 2/3 of all drainage will be directed to the wetlands. Motion seconded by Adams. MINUTES OF A PLANNING COMMISSION MEETING HELD ON OCTOBER 29, 1979 P^ILE 3 I West J It • .. . :•r ■■ ^ym- ; :•.. In discussion, it was again stated that this use is much more favorable for the lot than the one previously approved for the Nobles. The only less advantageous request being the 55' lakeshore setback which is compensated for by approximately 2/3 of the drainage being directed to the wetlands and not to the lake. Vote; Ayes (5), Nays (1) Frahm was not convinced that the 55' lakeshore setback was justified and felt that the engineer's input as to the advantages and disadvantages to drainage was needed before he would be willing to set a precedent of granting a variance to the 75' lakeshore setback. Applicant was not represented. Hannah moved to table this application pending further contact from the applicant or his representative. Motion seconded by Hammerel. Vote; Ayes (6), Nays (0). Motion passed unanimously. Mr. Fisher was present. Also present was the next door neighbor Mr. Ken Senn, North Shore Drive, who stated he had no objection to the proposal. Jabbour noted that the original approval did not include the removal of the existing gravel road serving the two garages that will be removed. Jabbour moved to recommend approval of the lot width variance of 40' due to the hardships of no additional land being available; property is assessed for sewer connection and proposed new dwelling meets all the setback requirements contingent upon the following: 1. Removal of the mobile home. 2. Razing of two existing non-conforming garages within 0-75* setback area. 3. Removal of existing gravel driveway serving the two existing non-conforming garages and area to .be seeded prior to building permit issuance. Any new driveway must not exceed 361 s.f. so no hardcover variance would be needed. 4. Removal of all existing cement slabs. Proof of lot combination. Permit from Hennepin County Highway Department approving new access. Motion seconded by Hammerel. Vote; Ayes (6), Nays (0). Motion passed unanimously. HENRY KINGMAN 1185 Ferndale Road West VARIANCE (#494) Cont. JAMES LINDSAY 2505/2507 Kelly Avenue SUBDIVISION (#516) O.E. FISHER, JR. 4460 North Shore Drive VARIANCE (#522) ■ik. J * West venue Drive MINUTES OF A PLANNING COMMISSION MEETING HELD ON OCTOBER 29, 1979 PAGE 4 Mr. Backstrom was present. Also present was his next door neighbor Mr. Tom Mortenson, 1971 Eagerness Point Road, who had no problems with the request c\nd felt it improved the existing situation and his view. Wilson moved to recommend approval of the front yard and hardcover variance for construction of a garage as per the plan submitted with the application with the understanding it will be construction of the same relative height and a flat roof and recognizing the additional hardcover variance necessary for the addition due to the hardships of lot size, house location and no additional land being available. Motion seconded by Adams. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mr. Hagen was present. The applicant stated the reason for the three car garage was for winter storage of a boat. There is no garage on the property. A.R. BACKSTROM 1973 Fagerness Point Rd. VARIANCE t#524) DONALD HAGEN 2130 Shadywood Road VARIANCE (#527) Hannah moved to recommend approval of the front (street) yard variance based on the fact that this is a reasonable location on the lot? it is consistent with the neighboring garages, infact it will be further from the road than the adjacent garages; doors of garage open away from the street; location of mature trees; existing access location and location of shed. Motion seconded by Frahm. Vote: Ayes (6), Nays (0). Motion passed unanimously. Mr. Johnston was present. Due to the Planning Commission only having one meeting in November and the timing conflicts this causes the applicant, he has requested that the Planning Commission waive the normal review process and if possible approve the application at this meeting. Frahm moved to approve the final plat in accordance with staff recommendations. Motion seconded by Hammerel. Vote: Ayes (5), Nays (0) Vacated Seat (1). Wilson vacated his seat as his firm represents Mr. Johnston. Hammerel left the meeting H.R. JOHNSTON 925 Willow Drive South SUBDIVISION (FINAL) (#457) 9:15 P.M. MINUTES OF A PLANNING COMMISSION MEETING HELD ON OCTOBER 29, 1979 PAGE 5 Mr. and Mrs. Whitman were present. The applicant stated the main reason for the variance request on the 1.8 acre lot was so that he could maintain control of the creek. Planning Commission stated that they would not be in favor of creating a substandard lot when there is sufficient land available. Applicant was advised that the road would not be considered a part of the 2-acre requirement. «i JOHN WHITMAN 1540 Sixth Avenue North SUBDIVISION (#523) .Mu, Mr. Primus was present. The main issues were noted as follows: Non-conforming lots - minimum lot size is 5-acres in this district. A recommendation will have to be made by the Planning Commission whether to bring them up to 2-acres as the staff has mentioned to the applicant, or to recommend that they be brought up to the 5-acres. Septic systems for Lot A and Lot B may be encroaching and/or extending over existing lot lines. Access — no visibility to the West. Access will have to be approved by the County. Planning Commission will have to determine if there is a necessity to a .quire an access easement as the Ring Route runs along the western edge of the property. It was determined that at this point the applicant would meet with staff to determine which direction to proceed with this application. Hannah left the meeting 9:40 P.M. LEE PRIMUS 4680 Bayside Road SUBDIVISION (#525) Applicants were not represented. This request has been done at the request of the City Council during the review of the building site plan. Planning Commission conceptually approved the plan submitted and called for a public information meeting for their November 26, 1979 meeting. FIRST NATIONAL BANK OF NAVARRE 2465 Shadywood Road SUBDIVISION (#526) m Wilson moved to approve the Minutes as submitted. Motion seconded by Adams. Vote: Ayes (4), Nays (0). Motion passed unanimously. APPROVAL OF MINUTES Meeting of 10-15-79 Meeting adjourned 10:15 P.M. taem