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11-26-1979 Planning Minutes
■sm a. <•' AGENDA PLANNING COMMISSION MEETING Monday, November 26, 1979 Council Chambers - 7:30 P.M. CALL TO ORDER 1. Call to Order/Roll PUBLIC HEARINGS AND PUBLIC INFORMATION MEETINGS 2. 7:30 P.M. — Public Information Meeting First National Bank of Navarre, 2465 Shadywood Road - PRELIMINARY SUBDIVISION 3. 7:45 P.M. - Public Hearing - Richard J. Haefele, Erwin Martin, Richard Hassel - VACATION OF A SECTION OF NAVARRE LANE. 4. 8:00 P.M. - Public Information Meeting Robert Niichel, 3135 Jamestown Road - PRELIMINARY SUBDIVISION ACTION ITEMS 5. #474 Kathleen Gluek, 2440 North Shore Drive - FINAL SUBDIVISION lO* #531 Robert A. VanTassel, 1170 Loma Linda - VARIANCE SKETCH PLAN REVIEW 7. #529 Steve Wallack (TMG Dev.), 4100 Sixth Ave. North 8. #532 George R. Steiner, 700 County Road Six APPROVAL OF MINUTES 9. Meeting of October 29, 1979 INFORMATION ITEMS . • • 10. Fence Ordinance - Public Hearing Planning Commission Meeting - December 10, 1979; 7:30 P.M. 11. ’Accessory_Structure Ordinance - Public Hearing Planning Commission Meeting - December 10, 1979; 7:4S P.M. 12. Comprehensive Plan'Review - City of Independence VHik J ■ .... •! . -U ^ .*1 MINUTES OP A PLANNING COMMISSION MEETING HELD ON NOVEMBER 26 The Planning Commission met on the above date. Present were the following members; Chairman Wilson, Jabbour, Hammerel, Hannah. Mabusth and Gaffron represented the City Staff. Jo Ellen Hurr represented the City Council. Wilson announced the Public Information Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. The applicant was not represented. There was no one from the public that wished to address the application. Mabusth reviewed the conditions Council for subdivision approval. Wetlands to include acreage below 940' Contour line, approximately 1.65 acres. The City to require Flowage and Conservation Easement over wetlands. t 2. Access to residential lot will be 60' width located at the southeast corner of Kelly Avenue. This 60' corridor will be excluded from the wetlands. Landscape Easement will be required over a 10 buffer zone, located below the commercial residential mutual lot line. This buffer zone will be planted and maintained by the Bank. ■* Planning Commission questioned the Bank's plan for the existing sheds. Hurr commented that Council had not touched on that subject. Hannah recommended that all existing structures be razed before a building permit is issued and that the applicant be advised that a demolition permit would be required. Wilson was concerned question of enforcing the maintenance of the landscaped buffer zone within the residential lot and wished to note this concern for Council's attention. Adams arrived. Wilson moved to recommend approval of the preliminary plat for the First National Bank of Navarre subject to the conditions cited by Council, previously reflected in Staff memo dated November 19, 1979. In addition the Planning Commission would require the ATTENDAH 7:30 P.ft FIRST NA OF NAVAF 2465 Sha Public I 7:30 P.M SUBDIVIS (#526) •i«re infest;' 7:55 P.M G - MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOVEMBER 26, 1979 Page 2 following conditions: 1. Existing structures be razed before a building permit is issued. 2.Park fee dedication: Commercial lot - $670.00 ($500.00 per acre of gross land area) Residential lot -$200.00 y-- Total - $870.00 3.Certification of area in each lot - to include an area for the wetlands on residential lot. Hannah seconded the motion. Vote: Ayes (5), Nays (0). Motion passed unanimously. Wilson announced the Public Hearing for the Street Vacation. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Applicants Richard Haefele, representing the Grace Baptist Church, 2380 Shadywood, and Erwin Martin, 3340 Shoreline Drive, were present. Mabusth located the portion of Navarre Lane involved in the vacation. A review was made of the utilities that underlie that portion of Navarre Lane. 1 HAEFELE, MARTIN, HASSEL VACATION OF A PORTION OF NAVARRE LANE (#528) Public Hearing 8:00 P.M. - 8:30 P.M. t The four utilities involved (telephone, gas, sewer, and water) cover a major portion of the 66' right of way. Planning Commission noted that if the entire vacation was ap proved each utility would require a 10' easement and have adequate access to the area for maintenance. Richard Haefele stated that the Church was unable to get clear title to the property because of the Church building's encroachment into the street's right of way, and that a considerable amount of money was being held aside until this matter is cleared up. Planning Commission noted that it may be possible to just vacate that specific area of encroachment to accommodate the Church. Mr. Haefele contends that this would really not help the down-graded condition of the immediate area. The petitioners had plans . IT m I ;.i {• M MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOVEMBER 26, 1979 Page 3 to grass and landscape the entire vacated area. He stated that since the road was blocked off, the City has not maintained the area and just unused crumbling blacktop remains. Erwin Martin wanted to be assured that the Vacation would not effect his access to Shadywood. Mabusth noted that the County Highway Department will not approve a new curb cut within the Navarre Lane right of way at County Road 19 intersection. Hurr advised that it may be unwise to consider vacating lands so close to the County Road 15 and 19 intersection when plans to expand that intersection are under consideration. Jabbour questioned how there could be any public benefit if the vacation results in transferring a portion of the access to a Church. He would like the City Attorney to clarify this point. Wilson moved to table the application pending the receipt of responses-from the following: 1.County Highway Department to determine the amount of right of way they might require for a possible expansion of County Road 15 and 19 intersection. In this report, the question of retaining the access to Shadywood for the service station should be resolved. 2.Public Works Department, Gas, and Telephone Companies should determine existing location of utilities within Navarre Lane. 3.City Attorney to answer the following: What kind of finding must the City have to allow vacation? Ad€«ns seconded the motion. Vote: Ayes (5) , Nays (0). Motion passed unanimously. i A-!-’ : : M - < ■n-1 i I iiiinrinrii wHtmt 11 Hill •f .. i. MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOVEMBER 26, 1979 Page 4 1^- i\ Wilson announced the Public Information Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. Robert Niichel and Robert Schneck, 3155 James town Road, a neighbor, were present. Mabusth reviewed the reasons for the lot line realign ment of Lot 3, Block 1, Liberty Acres. Lot 4, Block 1, Liberty Acres is unable to support an on-site septic system due to the topography, soil conditions and adjacent wetlands. The additional land acquired with the proposed subdivision will allow Lot 4 a standard system and enough land for an alternate system. Lot 3 will still contain 5 acres plus with the necessary minimum 2 acres dry buildable. Robert Schneck wanted to be certain that this subdivision will not have any negative effects on the Liberty Acres plat. Planning Commission advised that this subdivision will only im prove the neighborhood. m Hannah moved to recommend approval of the metes and bounds division of Robert Niichel based on the findings of the Staff. Adauns seconded the motion. Votes Ayes (5) , Nays (0). Motion passed unanimously. ROBERT NIICHEL 3135 Jamestown Road Public Information Mtg. 8:30 P.M. - 8:40 P.M. SUBDIVISION (#530) I Applicant was not present. The final resolution was reviewed. It was noted that the outlot created by the road outlot was not a buildable lot. Hammerel moved to recommend approval of the final plat in accordance with the attached resolution. Motion seconded by Jabbour. Vote: Ayes (5), Nays (0). Motion passed unanimously. KATHLEEN GLUEK 2440 North Chore Drive FINAL SUBDIVISION (RESOLUTION) (#474) If -r- L-V L.. RESOLUTION NO m 1QQ4 A RESOLUTION APPROVING THE PLAT OF KATHLEEN'S FRENCH LAKE Pg. 4A i WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and •3 WHEREAS, the City Council has considered the application for a subdivision plat by Kathleen Gluek, the subdivider; and WHEREJAS, the subdivider has completed all requirements of the platting regulations of the City, including; Dedication on the plat of drainage and utility easements Dedication (on the plat) of rights of way for public streets and roads, shown as County Road No. 51, Creation of a new private driveway road shown on the plat as Outlot B. Dedication to the City of a Flowage and Conservation Easement (Exhibit A) providing for limitations on the use of the "wetlands" as shown on the plat. Payment to the City of a Park Dedication Fee in the amount of $100.00. Payment to the City of Legal and Engineering fees in the amount of $50.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Kathleen's French Lake, Hennepin County, Minnesota; subject to the following conditions The aforesaid plat shall be filed with the Hennepin County Recorder's Office on or before May 27, 1980 together with a certified original copy of this Resolution and executed copies of Exhibit A as noted above. Outlot A shall not be considered as a buildable lot. 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 file a new application with the City of Orono for subdivision review. Dated this ATTEST; • WaTternRi Benson, cierk/Administrator . < r state of MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO pg. The undersigned duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto xt a true and correct copy of the original Resolution No. 1094 passed by the City Council of the City of Orono on N->verober 27 19 79 . on file Ol in the office of the City Clerk/Administrator, City of Orono. . V.' ;lji v-^i V : t -r- ^ jr*'» 0 Walter R.Jenson, Clerk/Administrator day of November , 19jZi # A* W i£-^5r" to'.. lii-r i; 'ii ¥ MINUTES OP A PLANNING COMMISSION MEETING HELD ON NOVEMBER 26, 1979 Page 5 -i <1 © Dr. and Mrs. Van Tassel were present. Mabusth clarified the circ<imstances leading to the misunderstanding of the remodeling and addition to the rear of the structure. The Staff in ventory of the Van Tassel's Conditional Use Permit Application of this summer did not reveal the rear addition. The Zoning Administrator, after an inspection of the site, located the original site plan (presented to Council in Van Tassel's Variance Application of last summer) in the building inspector's file. There is still no need for a hardcover variance with the 12' x 12' addition. In this application the applicants request a side yard variance of 4.6' for a 10' x 16' deck. The hardship claimed by the applicants are steep slope of rear yard, tree at Northeast corner of screened porch and no adjacent lots available. Planning Commission advised the Van Tassels that a letter from the neighbors to the north would support their case. Jabbour questioned whether the hardships claimed Supported the request for another deck when the Commission had just approved deck space on top of the boathouse. Hannah moved to recommend approval of the varianc for a 4.6' side yard due to the hardship of the steep slope on rear of property and tree at the Northeast corner; the deck would afford the additional recreation area. Hammerel seconded the motion. Vote: Ayes (3) H2unmerel, Hannah, Adams; Nays (1), No Vote (1). Wilson felt the deck was not integral enough to the use of the property to realize a hardship. Jabbour did not record a vote. Jabbour will respond to Council. ROBERT A. VAN TASSEL 1170 Loma Linda VARIANCE (#531) : ■■ •...•• ■ ■ -• ■ ■ . .iV. .. .. .. . ..... •••• • . .-'J !. : V- ; ; r-. V.=:v 3.:^ . to'-..^ M 77^ mmMimm mm ■m MINUTES OF A PLANNING COMMISSION MEETING HELD ON NOVEMBER 26, 1979 Page 6 T.M.G. Development proposes a 13 lot plat of a total 115 acre parcel. Mabusth reviewed the zoning considerations and background of the subdivision. Gaffron discussed the soils, topography and wetlands areas. Planning Commission recommends the following chenges: Access road to be moved further ea:.c in order to skirt the designated wetlands. Lots 4 and 5, Block 3 are to be designated as outlets - outlets to be combined with neighboring lots. 3. Staff to determine best way to designate V j wetlands on plat - as outlets or tied into owner's lots. Developer to work closely with Staff on best lot configuration for this most sensitive property. STEVE WALLECK (TMG DEVELOPMENT) 4100 Sixth Ave. No. SKETCH PLAN (#529) M The applicant was not present. Hannah moved to recommend tabeling the application until the applicant could be present. Motion seconded by Jabbour. Vote: Ayes (5), Nays (0). Motion passed unanimously. Hannah moved to approve the minutes as submitted. Motion seconded by Adams. Vote: Ayes (5) , Nays (0). Motion passed unanimously. Meeting' adjourned. GEORGE STEINER 700 County Road 6 SKETCH PLAN (#532) APPROVAL OF MINUTES Meeting of October 29, 1979 ADJOURNMENT 10:00 P.M.