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HomeMy WebLinkAbout09-03-1975 Planning MinutesII ■« PLANNING ar.f!ISSION AGENm I'forlc Session of Septernber 3, 1975 I. cimRErr rmis '4 . A. Action Itens 1. Public Hearing - #31 Cheyenne Land Co. - 100 Orono Orchard Rd. rezoning 2. Minutes of August 18, 1975. 3. Eisinger Landfill. 4. Richard Gothnaim CN^c’s Pizza)-1440 Shoreline Dr. - Variance R-2 lot area site apnroval. 5. Consideration of adopting fence ordinance 6. Consideration of adopting vetlands rap. 7. Charles Spear - 3640 Bayside Rd. - final nlat approval. Work Session Items 1. 2. 3. 4. 5. 6. 7. Enger Johnson - 360 North Arm Lane - Subdivision 6 Variance TJlmer Construction Co. - 70-130 f, 190 Willow Dr. N. - Subdivision. Paul !^feyer - 940 Dakota Ave. - Variance-side yartl. Richfield Bank § Trust Co. - 1350 Baldur Park Rd. - rearrangement 8 Subdivision § Variance. A1 hbitman - 1540 Sixth Ave. N. - Subdivision. North Star ?%rina - Building Permit 6 Rip Rap Multiple Dwelling Ordinance. II. COMPLETED ITBfS FOR COUNCIL A. Open Items Completed Items A* 1. J • *g. 1. #34 Go^ Shepherd Lutheran Church-conditional use peimit-approved but deleted stip^ation-re-parking 6 driveway-change of age to 5 years and reasonable effort to keep traffic to a minijium. 2. #36 Loren Fritz-Variance-concurred. 3. #37 Don Ameson-rip rap-concurred. 4. #38 Ron Tracey-rip rap-concurred. 5. #40 Charles Van Eeckh^t-variance-concurred. 6. #41 Paul Scherber-variance-concurred. 7. #42 Richard Kmedy-fill permit-to reconsider 8. #43 &yle Mar^-Bldg. pendt-site-approved but deleted-stipulation requiring surface material other than metal. ^ 9. #44 Ralph Bumett-variance (docks)-coiKurred. MM ^ . •• © cm OF GRDNONI] JOCULAR FIAmiNB OGMIESSION ICEllMS JELD SEnSCBR 3, 1975 Ite (koio Planning Oonmiasion nat on the dmve date with the following manbere preaent: Chalznan John P. Bake, Hannah, ^ Meet, Gothrie, Dunlap, Feaek, McDonald and Qirtie. toning Administrator, Hank NOhich. Absent: ICallestad and Mbolley. The Chairman announoad that this was the time and plar^ for a Public Hearing to be held oonoa ming the imming Application of the Chavenna Land Ocapany, for 100 Cfeono The Public Bearing Notice ____ applicant, iTipi^enUid by Atbocnay Dirmeles and Richard MesUnd, presented their reguest to rezone fran the cur- » density requinanent to one acre zoning for He said that the area was adjacent to the prop o sed Heyzata-<taio Sauer tetaroaptor and that would • I • ' > sawar Board hod not, as yit, a date for beginning on the project, lhay felt that one acre would be a good transition betuecn the adjacent neighborixxsds of Icng Lake having quarter acre zoning and Wayzata. A Let­ ter to Mr. Diracles from C. E. Bumill of the State High­ way Departmant, was presented. It stated that thay saw no problem tdth inplace Hi^diev 12 although the proposed oeveicpnant would include cdoout 1500 feet of the new Bigb- WBV 12 aligRTent and conflict %d.th the Orono Ooaprehensive The developer stated that future platting of the land would dedicate approDdnately according to a letter from the Orono Village Bigineer, each lot %nuld have one acre of dry usable land. Kermit Bisinger, a resident living south of the tracks, asked for an explaination of the Higtemy Department letter. The Planning Ocnroission eoiplained that th» HighNay has only HighMev 12 devel _ that the State has not taken a definete stand on the route. Nancy Bergereon blame off Highway 12, the drainage effect on her property, probleBBS. She requested the Planning Ocnmission to stop the applicant. She %ms told that they would not want to deiy the osier of the rl^itful use of tte Irnid. Mrs. Bergerson, after viewing preliminary maps, stated timt the claimed dry land vms not dry but wet. The Planning Oom- mi salon viewed the new wetlands map that oonfinwnd that the specific area in question did contain some wetlands. There was some question as to the extent of the wetlan on the map, homver, so the Zoning AdteLnistrator to oontact the Bigineer, Mr. ICennkiy and tions mi'v'it be necessary. The Planning Ooandssion expressed .ts to the effect on properties across Orono Orchard ir>ad and whether any rezoning include a larnr area than just the imnediate proposal Oonmissi©Si'SiJS lon mBnabsTB considered the soon Lc hardship of bringing sewer into the area as sewering generates more larger tracts in the area is not able to handle stoon water and deposits more nutrients into Lake Mimetonka. It was felt the cost to correct the effects on the lake would be more expensive thmi sewer. The menbers questioned whether a transition a: AlTEIIlANaB - 7:10 P.M. ORONO VILLAGE HAU. PUBLIC mmm - ie 100 GRGNO OBCaiPD ROM) 5 J 1 i ■ I .. 1 i 4 i Jl1 •u. t PLMilZNSCX ; c BCM s i>n--c^- SEPUMER 3, 1975 - BMZ 2 dasixabla. Mr. Nesland atated that tha cloae prcodinity of quartar acre lota viould oauae prdbable futuxe xaaidenta to live in a ikay^rahle ana. Ih othar iixirdar large hcuaaa large lota eould not want to looata by quarter Ranald 6. Socenaon, nae cener of the Haxxiaon pxqperty, noted hia plana for a one family houae on a aix acn tract and atatad he ima in no way in favor of the pRspoaal. After all the public pceaent wen afforded an op­ portunity to be heard the Hearing waa cloaed. The Regular Meeting of the Qrcno Planning called to order at 7:55 PM. # • I M ) I Laaion was Guthrie Planning adopted. I ' # *i# Ourtia aeconded, that the Minutea of the aaion Meeting held Auguat 18, 1975, be Motion, Hyea (8) - Maya (0). ^ • II III Ihie to the addition of a nupober of now Planning Ocmniaaion wd»*g to the Board ainse the initial naoning applloation of Chayenne Land Ocnpanyi becaiiiae of oonflicta regarding facta relating to the pe^tion and in order to expedite a ncoanandation for the applicant, Dunlap moved. Van Neat aeoonded, that the Orono Staff, indoding the Village At- tocnay and Engineer, prepare an evaluation and a oonpoeite of all data relating to the applioation along with reaaona for the original two acre zoning of the area. Motion, ilyea (8) - Maya (0). Mr. ft Mca. Howard Biaingar, along with their Engineer Jerry Sunde, preaented the background of their Landfill plication through the laat aeveral yeara when roociiiiendationa were made by the Planning Oaaniiaaion to the Council. __ Council deferred any action on ttm natter until receipt of pemdte frcn other oonoemed agenciea. Thia having been read^ for omai deration by•■•II* the Village. The original landfill operation began about 15 yeara ago and laated until the P.C.A. oontrola regarding land­ fill went into operation. Mr. Eiainger felt that he oouldh't afford to meet all their requirementa and cloaed the dinp. At the preaent time the fill ia about 10 to 12 feet above mardi level. The total area for oonaideration in the application oonaiata of approKinately 12 acrea. Since thrni he haa oonatructed a ditch to make the land for grazing. Thi applicant now would like approval for landfill oonaiating of demolition waatea to go ewer the exiating fill areaa and'oth apota with eventual leveling o level with Highway 12. The Eiaingera eetimated the time length for the project would be ten yeara aa a high nwimiijHrim The propoeal included a berm around the area creating a "Bath- infiltration allowing it to go both verti­ cally and latarally reducing nutrients going to lake aif^ other areas. The fiiginBer described demolition waste as curibing, road materials, trees, ooncrete, building demolition waete and stated that it was better then any other landfill not daoom- pcaing aa rapidly as ncn-demolitiia!) fill. The Chairman noted that the P.C.A. pointed out that two feet of earth PUBLIC HEARXN5, oont. GAUiTOGRXR APPRCKIAL GF MIMUIES BBZGNZN5 - CHEXEliC UttD Go 100 ORK) ORCHMD ROAD EISINGER UNDFIU. 3255 MMTZMDA BOOEVABD % r i A i 1 I I 1 I J » « WMHoc anassm mouebs - seemm. 3,1975 • pmz 3 should be gJ -aoed wer the old miterials. The BMineer * ^ ^MCing of ixn-xe^ fei^dew e fiei# upote than «M0 feet aleo noting that it nw not origineUy __ Wxed. Vkn Neet i«b8 ocaioemed about the nutrient load that iMul/1 be brought into Ofcono having chonical oonpofft •• • 11 • • ' gMOUne, etc. The ttiginBer statad ttet * felt the site would be better off finidied than the way ■ would minijiiiae leaching. He felt that xomentally a sound thing to do. The h>mi _____ ooBtucted OGheeive earth, setting on ^ of marsh at a point ahece water would move through wculd not dig intp the marsh. VSn Nest felt that Zahe Nimetonka wee of prijiie <i^«ciern in this case. The Bnineer ^ted that if the Village oould decrease infUtration ty 75%, it would be a benefit to the lake. Besek pointed out tl^ it would have to be in Uie public interest to grant van Nest felt that the Village ________ a privilege to the Ri si nger s that no other parson in Qrono been entitled, namely, the creation of 12 acree of dry hiilrtsble land oit of a marsh. How they went to create more lend bit for idmt end use? The mjinenr stated Qrono wouldlm envircraental protection with the project which it does not hawe no#. That is to say, he wee unaware of leaching now, but potential is thm. Mrs. Eislnger pointed out that at Qrono'e request they had obtained approval of tile other agendee and ns# they must ooee to Qrono for their decision. She stated that they did not altogether voluntarily ^oee the original landfill hsranee whan Qrono's annual land* an lioaM* qqpired the Village wild not renew it. The Plenning Oomidesicn reiaed questions oonoerning the final use of the land; the effect on the creek flowing thru the property and on the lake; tiwedcal reaction on the environment, etc. The Chaixman felt that investigation tiwuld he made oonoerning the claim tiiat Bisingere did not voluntarily dose their ori* ginal operation as noted in the P.C.A. Findings of Fhots on Mby 23, 1975. McDonald moved, Hannah seconded, that the Vil­ la^ staff, including the Zoning Akiinietrator, Attorney «d Biglneer, prooead to make a record seartii and prepare a sunnarl* zatto of facts pertaining to the Eieinger Landfill moplication. Motion, ilyee (8) - Meys (0). INBER LNinzl., ooht Ri^iard Gotlmann suhnitted a more detailed site plan regarding VARL his SEplication to open a bait shop in the old "Mac's Pizza” 1440 location. Hie four year plan included resident parking which provided taro spaces for each house and ei^ spaces for cueto- mer parking at the bait shop. The ^aoee would be eizad 9* x 20' and included 14 foot extra badoout room. Bie applioant financially limited and propoood that the first R. GOTmm UMB LRmn year inproveroente viould be painting and sanding of the building jl^including the planting of three green aeh trees. The seooifti Wywr, three planting bcsoas, 2' x 3' x 8', constructed of rough timber would be placad at the site. During the th^d «id fourth year, two green aeh and willows would be planted cti Broun'e Bay. The Planning Oonmieeion previcuely requested that an fiiginear detennine the condition of the exieting septic ayetam at the site. Mr. Gotinann explained that he wee unable finvicially to 1 ; i t « j i ^4i 1 RMtOMS OOMOSSiaiuHC - SEF1EMBER 3, 1975 - BKB 4 EnglnBer but pcoduioed wpoci fications cxnoBuiing si 'Aqpiaa^ unit at the site. This %«as to be located at the back of the Ixiilding. iSiothBr oono em of the Ocnmissiai had been bail tank mm-off and its effect on the envixonaent Oothnann ocntacted several beit store oMnexs idio e^ittated run-off to be 8 to 10 gallons ixi a 24 hout period. Brad Gess, of the Freshwater BLologleal Ihstitute twas oontaeted vmrm - r. goimiii# oont. and asked to deter«nine the slgnificanoe of this_________ Be oo ncluded it woeld take 3.7 ndliion years for this to tate hold in the lake end concluded that if the beit shop could stay in hisinesa for 2,000 years, HlBiagers vould be the best bay in Lake HLmetonka; nakiiig hobs that the bail store v«ter i. I i. iilH If I If ill Si II1 ■ WMld be cleaner than the bay* Supplies only be deli- - - - _ _ _ _ • A •_ _._ _• A 4 ^ Mm. ^ ^ _ r: *”— —» day per mek and the nal^d^jum Ajjtpn cns icm or a ' bait shop at that location because of tezaxds with traffic at Paul's landing and the Closing of the Wayzata Balt Shop. The Planning Oomnission felt that approval should be subject to the cmdition that no docks be aUcwad because of a fhture possibility of a ormwRPcial marina venture. Mr. Cbthnann in- e dicated he would like a dock so boat traffic pin to bait, ixml^ip moved, Hannah seconded, after into oonsideration the excessively mmiy size of the lot and the t,:3 ncn-oonfonning uses at the site, that the Flaming Ooimission zeccmnend to the Ooiaicil the i^ipcaval of the Goth varianoe application for a bait Shop at 1440 Shoreline Drive subject to the foUcwing conditions: ' ‘ i,':. i . j.. No otr.er marina uses be permitted in the granting of bait shop including docks. 2. Sewage conditions must meet the regulreroents of the Vil­ lage Engineer. 3. Structure will not be enlarged under the existing ocndi- ticns. 4. 7!:iat the four year landscaping plan as siihnltbed be car­ried out. 5. That thsikquazyme unit be screened and located at least 10 £t. fran any lot line and not be on the street side of «iy structure. 6. aiiis variance to be subject to annual review. Motion, Ayes (8) - Ikys (0). van Nest moved. Hake seconded, ttet the Planning Odnmiesion reooninend to the Oouncil appisoval of the Final Plat of chwTl^ Spear for 3640 Bayside Road. Motion, ;yes (7) - Nm (0) - Abstain (1) Pesek FINAL FIAT - C. SPEAR 3640 BASSIDE ROAD .’J O Rake moved, Hannah seoondad, that the Planning Oomniaaion reocinn^id to the Oouncil approval, as submitted, of a ner-lot side yard setback vazimoe in the construction a - - - - - - -- - - - - - - - - - - - - - - - - - -• - - V e j « ^ VARIANCE - W. NICHCIDS 2700 SRADXNQGD ROAD the property of William Nichols Shadywood Road. Motion, iyes (8) - NSsrs (0). nie Planning Oomnissicn requested John Guthrie to A<ariMMi the Gocd Shepl-^ird Church situation with the Oouncil. Ote members felt that hecause they held the pibllc hearing the Oouncil did not get enough input from the public. eot i SHEFIS8D CHBCH ^ # •• iimnimb oatoss]si;iiv iy\i 3# 1975 - F»GB 5 Bmmah moodM, ttet dimniai of tte pco-Vtei Msst nowBd, __ W poied tan GKdinanoB te tahLed'. Moti , (8) - Nsys (0) • nCBOCDDIiCB ■M taiHeot__ . ^ Winning Oanriaiion ABdW. leiMiifi iwnaocnnaud to tte Gowiell that tlia MitUnd OkdiMin hm aMndid to Inoluda tte adoption of tte tedLiL HitlMidi Mipir m ainla- nnta^ naps to te uaad with ^ 0. S. Gaodlcal and to be Adsject to perio dic reviana «id taieiang. Motion, taa (8)-teye (0). itel Van Meet nxnd, Guthrie eeoondad, ttet tte Village staff uwHtl^Bte tlw Ctag wm laid Ooipany pienpBt^, in xnlntl to tte nar MeIoI MMlaido Niva, do* to *«»'■»»»■ in ■Id aepscts. Hotiot, tf/m (8) - Hm (0). m'■■ » .•*/• V-", caasMS um ooNt^ SAnuoDiiisV ii; Guthrie nofved, at U:10 PJI. Motion,, that tte meeting te adjourned (8) - Nm <0). 8 I \ y -* s. ^■i w> ■4.' . f r — I nfrfyrii^r-T^TitirfT#t. 3»<^: ^ v-. f.