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HomeMy WebLinkAbout08-18-1975 Planning MinutesI I * •inE PI/M'ING COSfUSSICH AGTiaV MEETING - August 18 , 1975 Hie Orono Planning Consnission inet on the above date with the following mem^rs present: Chairman: Halce, Brad Van Nest, ^fcDonald, Hannah, Curtis, Dunlap, Fesek, Guthrie, § ICallestad. Absent: Vooley, Leave of absence: Gasch. Corrsetion on agenda item (1) - from July 21 to July 14. Pesek moved, McDonald seconded, to approve minutes of July 14, 1975 as corrected from term (’’contigious to") to ’’this lot is consistent in size to other properties in iinmediate area - (page 3*Redfield Hcmies). Ayes (9), Nays (0). Van Nest moved, Curtis seconded, to approve minutes of August 4, 1975 as corrected (fiddition) vote on Patch’s prop»osal. Ayes (9), Nays (0). Prior to consideration of th? proposal. Chairman Hake in quired if there were anyone present representing this matter. Not receiving any response he deferred the item for lade of representation. Ourtis moved, Dunlap seconded, to leconmiend approval, sub­ ject to the following conditions. 1. one year. 2. Chuich facilities be used for all access and parking except for emergency and maintenance vehicles. 3. Conditional use permit approved only for fuiided program fen* a raximum of four children at a time not to exceed eigJit per day or four years of age, plus necessary staff of^ four per session. Ayes (9), N^s (0). Because of the peculiar situation of this lot (tJie width being of larger dimension than depth) and the rear lot line of this property being the adjoining south pixjperties side lot line. Van !fest moved, Kallestad sscended to reconmend approval of this variance. Ayes (9), Nays (0). Guthrie moved, Curtis seconded to recoasjiend approval to prevent continued erosion, subject to the following stip­ ulations. 1, Rip rap along 130* of shoreline not to extend more than 2* from shoreline. 2, Removal of cld rock and place six incii granular filter blanket at base of rip rap to mininf.ze ivashing of v^ines. Follow with rocks over filter raterial. 3, approval of Mlnnehdia Creek V.*atershed District. Ayes (9), Nays (0). 7:00 P.M. AGENDA MINUTES July 14, 1975 MINUTES August 4, 1975 F.ISINGER LANDFILL RE-EVALUATION GOT© SHEPHERD LUIHERil CHURQI-CCM). USE PER^^rr 3745 Shor9line Dr. (continued fnmi ^lic Heariiig of August 4, 1975) LOIW FRITZ-VARIANCE REAR YARD SEIBACK- 3845 N. Shore Dr. DON ARNES0N-C0:>©. USE PERMIT-RIP RAP- 2660 Casco Pt. Rd. _ _ _ - - - - -t i- e o m ■nffi PLANNING CCI^fflSSinN ACTION WFTim - August 18, 1975 Page 2 Dunlap moved, Hannah seconded to recommend approval to pre­ vent continued erosion, subject to folloidng stipulations. 1. Rip Rap along 265* of shoreline not to extend more than 3* from shoreline, 2. Rocks fill not to exceed 3* above shoreline elevation with four to one ratio horizontal to vertical. 3. Rock diameter to average 10". 4. Placement of adeqi^ate granular filter bed, 5. Approval of City l!ngineer. Ayes (9), Nays (0). RON TRACY-COND. USE PEPMIT-RIP RAP 2914 Casco Pt. Rd. Curtis moved. Van Nest seconded to table the proposal, sub­ ject to applicant submitting more detailed site plans and proposed sewage plan for review and approval ^ the Village Engineer. The detailed plans should designate a better landscaping proposal and 12 parking spaces (2 for each residenc( and 8 for the commercial operation). A report as to the volume and quality of overflow water from the bait storage tai^ was also requested. RICKARD GTYIKMANN- (MAC'S PIZZA)- VARIANCE- 1440 Shoreline Dr. The Planning Conmission instructed staff to check with the Village Attorney as to the possibilities of problems arising from the multiplicity of use on the one parcel. Ayes (9), Nays (0). Pesek moved, Curtis seconded to recwnmend approval of variance subject to no other variances. The approval was recommended as there is no other available adjoining vacant land, the property has been assessed for sewer and water and the site is consistent with other properties in the area. Ayes (9), ^iays (0). aWRLES VAN EECKHOUr VARIANCE-inr AREA. 2720 Ethel Ave. Van Nest moved, Dunlap seconded to reconnend approval as no other adjoining vacant land is available, subject to the following conditions: 1. No o^er variances be necessary 2. Removal of existing accessory structure before certificate of occupancy be issu^ for new residence. Ayes (9), Nays (0). PAUL SCHERBER VARIANCE-LOT AREA 5 WIDTH 1342 Rest Pt. Circle Represented by ^fr. Frank Burg of Consulting Engineering Sllversified, Inc. stated that filling this marsh area would be an improvement for the Village. The Planning Conmission was informed of a similar previous violation at the same location about a year ago when the developer was required to remove fill whidi he had graded into this same low wet­ lands area. RICHARD KENNEDY- COND. USE PERMIT FILL 8 GRADING- 2435 ^tch Pine Ln. k> a ■■ I ■ *-T -n A t' •->r T M:r*"' p.. 5ir»iv Kaii‘ WE PLANNED Ca-WISSim ACTION ^tEETING - AugujJt 18, 1975 Mr. Burg contended that the proposal would in no way con­ flict %dth the nine specific purposes of Ordinance fl25 (section 31.800 - A through I). In his opinion this proposed fill would not increase run-off, financial burden of neighbors from overflow of water, flood water and cause danger to life and property, or destroy natural vegetation and marshes whidi sustain wildlife and plant growth and ponding areas withholding rapid water run-off. It would also have no offset on needless expenditures of public funds to provide storm sewers and flood protection. The Zoning division informed the Planning Congnlssion that Mr. Kennedy had violated the ort^inance in June 1975 by cutting down four trees exceeuir-« 6 ' in diameter in the protected area within 75* of the shoreline. An Inspection was made at whidi time the inspector notified ^tr. Kennedy of the violation and procedures for obtaining approval. Photos of remaining tree stunps are on file. Van Nest moved, Pesek seconded to recommend denial of request. Ayes (9), Nays (0). Van Nest moved, Kallestad seconded to recommend to Council that necessary action be taken to negotiate restitution of the four trees that had been removed. Ayes (9), Nays (0). Gayle Wittig and Doug Tersteg presented the proposal. Th^ explainod the structure and proposed improvement. The landscaping plan around ibis building would be subject to some dianges after completion of the structure. The final landscaping around the building would be part of the site plan submitted for approval of 1976 marina license. The building would be of fabricated metal panel construction with one access on the street side with an outdoor double deck for sales display. Windows along the lakeshore side would exceed 401 of that area. All setbadc requirements would be met and no driveway on parking hardcover would be added within 75 feet of the ^oreline. Duilap moved, (bnndi seconded to recorammd approval of the proposal subject to the following conditions: 1. No variances be necessary 2. Vines be planted along f^e in 1976 landscaping proposal to provide additional screening between trees. 3. The building conform to commercial building design and construction material requirements under section 36.046 (mininun 1/3 of the street side and 1/5 of ends of building be surfaced with material other than fabricated metal. Page 3 r: OOWriNUED RICHARD KENNEDY COND. USE PERMIT Ni GAYLES MARINA-BLDG. PERMIT APPLICATION SITE 6 ELEVATION APPROVAL 3366 North Shore Dr. i r O THE PLANNING COMMISSKW ACTION MEETING - August 18, 197S 4. nenoval of two existing structures along east lot line prior to obtaining certificate of occupancy for the new b\iilding. Ayes (9), Iteys (0). The Eisinger landfill proposal was again opened for discussion with no representative present. The 'ni6ject was again deferred until later when a representative might appear. The banning Conndssion discussed peimitting accessory uses these panon ered. parcels. Private and multiple docks were consid- Kallestad moved, Pesek seconded to recoianend approval of a variance from our requirements for docks as accessory struct­ ures and approve individual private docks for lots one through six. Because of the extraordinary small lot sizes, these docks would consist of a naidJiixR of two slips for the mooring of two privately owned boats only. After some discussion the Planning Commission agreed that a review trauld be necessary before ^texmining fence standards • Hannah moved, Guthrie seconded view time. Ayes (9), Nays (0). Van Nest moved, Curtis seconded to defer reconmendation until wetlands map could be reviewed. Ayes (9), Hays (0). The proposal was opened for discussion representing the petitioner. The fbllowing points were brought up during the discussion; 1. Previous recommendations of denial by the Planning Comnission on two different occasions. 2. The proposal would require variances from our wetlands ordinance and the minimum setback requirements for filling of marshlands. 3. The short distance of the proposed fill from the creek vhidi flows directly into Lake Minnetonka. 4. 'No provisions in 1967 zoning ordinance for sanitary or demolition landfill operation as permitted on conditional use. 5. Standards of M.C.T^.D. (all of Orono in watershed district). 6. 'Proposal as presented-^ditional fill and berm both req^re variances. 7. Proper procedure for consideration would be amending the zoning code. 8. Hidcok recommendations. 9. Current policy and decisions denying fill of wetlands. Page 4 GAYLES miNA-BLDG. PERMIT APPUCATION (CONTINUED) EISINGER LANDFILL- RE-EVALUATION RALPH BURNETT- SOOTT PROPERTY VARIANCE 2040 Shoreline Dr. FENCE ORDINANCE ADOPTION OF WETLANDS MAPS. EISINGER LANDFILL RE-EVALUATION H iirtiliiiiiiii-rit' i iiii n v’-V_ THE PLANNING (X3JWISSI0N ACTION MEETING - August 18, 1975 10. Mitrient content of demolition fill material. U. delation of firoposal with Comprehensive Plan. Page 5 Kallestad moved, Dunlap seconded to table the proposal as the petitioner was not represented in tiie discussion. Ayes (9), NAys (0). EISlNCeR LAT (GONTIMJED) PUL Gutiirie moved, Pesek seconded to adjourn at 11:10 P.M.AlUnUR! in i-* : rJi;W- ■■ V "T Jt •• '-i‘\ . i in i