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Home My WebLink About12-17-1973 Planning MinutesVILLAGE OF ORONO Regular Heating of the Planning Commission, December 17, 1973 The Planning Coemiission met on the above date with the following members present: Chairman Paurus, Elliott, Gasch, Guthrie, Kullberg, Searles, and Van Nest. Absent: Hays. 7:34 P.Il. Gasch moved, Kullberg seconded, that the Minutes of the Regular Meeting of November 19, 1973, be approved. Motion, Ayes (7) - Nays (0). Chairman Paurus opened the public heaxing on the condititional use, variance, and building permit for North Star Marina at 7:35 P.M. The Village Zoning Administrator presented the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of Nailing to affected property owners. North Star Marina is requesting a building permit to construct a structure to store 50 boats that will have to be resioved from the lake due to the new Lake Minnetonka Conservation District's (Li4CD) dock ordinance. North Star is also requesting a conditional use for the installation of a seawall, and a variance from the Storm Water Runoff and Shoreland Guildeline Policy Statement which limits the amount of ioqpervious surface near the lake. The following persons appeared and were given an opportunity to be heard: MINUTES PUBLIC HEARING North Star Marina Name Thosias Kempf Vice Pres, of North Star Marina Kr. Gibbs Q1U-.Lyman Comments The construction of a new building is not i t tended to increase boat capacity but simply replace the boat slips that have to be removed from the lake by 1975. The building meets all the zoning requirements. The LMCD and the Minnehaha Creek Wateeshed District (MCWD) have approved the plan. Approval by the LMCD & HCm was prelimi nary and no final approval has been given for the project. Will the new storage facilities allow the marina to handle more boats? Will North Star Marina store any snowmobiles? (Continued) lUNUTES OP A REGULAR MEETING ffiLDi DECEMBER 17, 1973 Page 2 Neune Thomas Kempf rlr. Twldwell iirs. v/ard Partcn Tom Kenqpf Karl Parten Tc»b Kempf Mrs. H. Gibbs Hr. G. Jabour G. Johnson Gloria McDonald o Tom Kempf Connnents The boat storage capacity would not be increased and there would be no snow** mobile storage. How will the energy crisis affect the marinas on the lake and might the Village be faced with allowing other uses in this building if the energy crisis becomes serious? Does the Village have control over the number of boat storage spaces inside the building? All marinas are licensed to store a specific number of boats and no more than that would be allowed. Are all North Star boat slips presently rented or would the Village actually be allowing the present boat traffic to expand in the future by allowing 50 boat slips? All boat slips are rented and there is, in fact,a waiting list. It should be realized that North Star Marina is reducing their dockage because of a LMCD ordinance and not because of a feeling of civic responsibility. If this request for storing boats in a building is approved, would the Village have to approve similar requests from other marinas? North Shore Marina made a similar request several years ago to allow boat storage in a building. This request was denied. In addition, a LIICD report indicated that it was not necessary for North Star Marina to have 90 boat slips due to the dockage facilities of neighboring marinas. Approval of 50 slips within a new build ing would thereby be excessive. Did the LMCD & MCITD know the depth of the dredgings that North Star is suggesting? Original plans called for dredging only a few feet of lake bottom but the LMCD 6 IKITO suggested that a minimum depth of 5' be maintained. (Continued) IT I * Ml ■mlirflBIIWfH o ‘mIHUTES of a regular MEETU^G held DECEtlBER 17, 1973 Name Comments Page 3 Hrs. Bolander tlr. Kerr Installing a seawall and dredging the lake bottom is bound to have an effect on the surrounding natural shoreline. Mo approval should be given before a study is con^leted showing what this effect would be. The most important issue is the amount of hardcover that is being proposed. No exceptions should be allowed to the ordinance which regulates the percent of land that can be made impervious to runoff. The Zoning Administrator read and filed letters from John Keller, Anne & Herbert Willis and Milton Gutterson. After all persons present were given an opportunity to be heard. Chairman Paurus closed the public hearing at 8:35 P.M. Chalrmam Paurus announced that unless there was some objection on the part of the Planning Ccmimlsslon, he would defer the decision on this matter until the other two public hearings were held. Chairman Paurus opened the public hearing on a request for a conditional use permit, building permit, and a variance for a restaurant at 8:36 P.M. The Zoning Administrator presented the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of Mailing to affected property owners. I4r. Roelofs and Mr. Zeanchock have presented plems to the Village to construct a restaurant in a B>2 lakeshore commercial zone. In addition to a building permit, the petitioners need a conditional use (special use) permit for a restaurant and a variemce from the LMCD Storm Water Run-off Shorelemd Guideline Policy Statement which limits the amount of impervious surface near the lake. The following persons appeared and were given an opportunity to be heard: PUBLIC HEARING Roelofs a Zeanchock Restaurant Neune D. Kerchner John Neil Project Architect Comments What would the seating capacity be for the restaurant? The restaurant is designed to seat 303 people. (Continued) MINUTES OF h REGULAR MEETING HELD DECEMBER 17, 1973 Page 4 O Name Mr. Karr D. Curtin Attorney for project Representative of Hr. Green Mr. Twidwell Mr. Navin C Gloria HcDonalil Brad Van Nest Mr. Curtin lire. Bohn llrs. tfoolley J. Sather Connents Approval of this application would furthe increase the amoOnt of hardcover in the area. Also, what type of docking facilities have they proposed? The petitioners have r.ade no mention of docks in their preliminary reports becaus lake traffic is of secondary ii^>ortance to the business and any type of limita* tions suggested by the LMCD or the Villag would be observed. Mr. Green favors the restaurant proposal because he feels that it would tend to upgrade the neighborhood. Since the LMCD is talking about creating a "quite waters area” on Maxwell Bay, it seems contradictory to approve a project that woUld increase lake traffic.^ The light and noise %rhich come from a restaurant would be incompatible with the surrounding residential area. Can the Village stipulate that all noise must be contained within the building? Mould the petitioner be willing to get approval conditioned on no dock rights? It would be possible to contain any noise within the building and lake traffic has always been viewed as secondary in importance. The problem is that there is too much land zoned lakeshore ccxnmercial. If thisi A «land had been zoned residential, there would be no problem. This use would undoubtedly generate SK>rc : traffic which necessitates improved roads The proposed restaurant vrould be an isi- provement on existing conditions and it is something that is needed in the Villag« A letter from Mr. Keller was read, stating his support for the restaurant. Letters from Mr. & I4rs. Willis and Mr. a were cited again and included as 14rs. Gutterson part of the file. Chairman Paurus asked for a show who were opposed and in favor of Approximately 70-80 were opposed, of hands for those the restaurant. (Continued) o lixNUTES OP A REGULAR MEETING HELD DBCETIBER 17, 1973 After all persons present were given an opportunity to be heard. Chairman Paurxis cicada the public hearing at 9:45 P.M. A reconntendation on this application was deferred until the scheduled pidjlic hearing on t.ie liquor license ordinance revision was hold. Page S Chdirtan Pnurus opened the public hearing rcr cc~*.»iderotion of an ordinance revision which wou.ld allow the issuance of on-sale licenses in all zoning districts at 9:50 P.M. The Zcn:‘ng Administrator presented the Notice jf :.ic Hearing, the Affidavit of PoJrlication, -.d the Certificate of Mailing tj affcoted propercy ov/ncro. The i'nllf ;ing persons appeared and were given tr. opportunity to bn hoard: PUBLIC HEARING Liquor Ordinance Revision N.u-ro K. Pa.rtcn Hr. Curtrn Comments The issuance of liquor licenses should be limited to B-1 zones as the present ordinance allows. The restaurant petitimiers have requested that the Village consider issuing on-sale licenses in B-2 zones and not all zoning districts. A Ic.htnr from Mr. Reger Avery Stubbs Ht.atim his opposition to the issuance of liquor licensee in all zoning districts and a petition from the Orono's Christian Temporanca Association was read and filed. Altec all persons present were given an o->;;.crtunijy t: he hecird. Chairman Paurus closed the public hearing at 10:05 P.H. s-iarK'c moved, Kullberg seconded, that the Planning Conaaission recommend to the Council thz-". all zones not be considered for liquor licsnscE. Motion, Ayes (7) - Nays (0). ocarlas moved, Elliott seconded, that the Planning Commission recommend that the Council rot consider an ordinance revision that would allot; liquor licenses in all B-2 zonen. Motion, Ayes (7-) - Nays (0). Cha-.nr;fn Paurus asked the Planning C(mnBission<;rs for their comments regarding the proposed reEta.-ant. (Continued) ROELOFS t ZEANCHOCK Restaurant MZHUTBS OP A REGULAR MEETING HELD DECEMBER 17, 1973 Pagtt 6 Mana Kullbarg The noiaa and sight pollution could be raininized by a buffer so this should not be a problen. Van Nest The lakeahore coBMrcial sone was intended to provide an area where coaeMrcial lake related activities such as marinas could take place. A restaurant would be appropriate in a B-1 tone. Searles Serving of food in a lakeahore cosMrcial tone was intended as an ancillary rather a primary use of the land. The amount of boat traffic in Maxwell Bay is also a problem which has been documented by the IMTD. Elliott Lord Fletchers was a very controversial issue for Spring Park residents a few years ago but now many people feel it is the best use of the land. Gasch The Planning Commission should coaqplete its Comprehensive Plan before a final recoonendation is made. ^ Gasch moved, Searles seconded, that the J loelofs and Zeemchock application be tabled until the Comprehensive Plan is cot^leted. Motion, Ayes (7) - Nays (0). There is the need to study in greater detail on-shore storage of boats as well as the ecological and monetary effect the ^edging will have on the adjoining property owners. HOtm STAR HARZNA Gasch moved, Guthrie seconded, that the North Star Marina request be tabled with a Village decision on or before March 30, 1974. Motion, Ayes (7) - Nays (0). Mr. Knutson, representing Cheyenne Land Co., submitted a revised preliminary plat that did not include marshes in any lot. Mr. Knutson also presented a plan that would move the entry onto Orono Orchard Road further north. Acreage breakdown for the plat is as follows: RELZMINART PLAT Cheyenne Land Company Orono Orchard Road Total net area Buildabls area Road area Wetlands Buildable area 44.68 35.9 3.45 5.3 41.2 (Continued) nXMUTBS or a RBGOIAR tSSTXIIO HELD DBCEMBIR 17, 1973 ?ag« 7 ••arlM aovvd, 6a«di s«cond«d, that tha CbayaniM praliainary plat ba tablad until Jaaoazy 21, 1974, at which tlM tha Planning OCHBi anion ahould hava aora inforaation ragarding tha Coaprahansiva Plan. Motion, Ayaa (7) - Haya (0). PRELIMZHUnr PLAT Chayanna Land Coapaay Mr. Batta raquaatad that hia naae ba with drawn froa tha aganda to allow hia to gat additional inforaation froa tha Bannapin Oeonty Highway Oapartaant. VARIAMCB 3775 Bayaida Boad Coaaiaaionara Saarlaa and Van Maat a^lainad a propoaal to changa tha awning olaaaificationa in tha Villaga. It waa dacidad that tha Planning Coaaiaaioo aaahara ahould ba allowad to atudy tha propoaal and a apaoial naating on Daoaabar 24, 1973 ahould ba hald to diacuss tha nattar furthar. CONPRSHBIil^^VB PLNi Tha Planning Coawiaaioai aenbara agraad with tha intant of tha new ordinanca aa praaantad by tha Boning Adniniatrator and aakad that thia inforaation ba put into an ordinanca foraat. PROPOSED OROIMAIICB On-8ita Oiapoeal Tha Planning Coaaiaaion aakad that tha following changaa ba aada in tha ordinanca aa it waa praaantadt PROPOSB) OmMAHCS Signa 38.001 - It ahould ba clear that ni plataa do not need paraita. 38.022 - Sign illuadnation in raaidantial diatricta ahould ba allowad only aa part of a conditional uaa. Tha Planning Coaaiaaion aaabara agraad that by reducing tha aisa of tha Coaaiaaion fron 11 aaabara to 9 aaabara, that parhapa each individual would faal aora raaponaibla for contributing and lasa apt to aicpact others to do all the work. SIZE OP PLAimiNG OOIMZ88XOH Outhria aovad, Paurua seconded, that tha maating ba adjourned at 12:40 A. M. Motion, Ayaa (7) - Nays (0). AOJOORHMBNT Baspactfully subaiittad. Baxter J. Marston Boning Administrator