HomeMy WebLinkAbout08-21-1989 Planning Minutes7.
tot
Vxcmt
Oates
Subjects
Mayor Grabek & Orono Council Members
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
Jeanne A. Mabusthr Building & Zoning Administrator
August 30# 1989
#1449 Michael Pirich# 2224 Shadywood Road -
Variances - Public Hearing
Zoning Districts • RR*1C
total area « 14#946 s.f.
Pertinent Ordinance -
Section 10.22# Subdivision 1 -
Average lakeshore setback is required for enclosure of
existing second floor lakeside deck that extends 12' in
front of the average setback line.
Section 10.22# Subdivision 2 - Review of Hardcover
Although no new hardcover is proposed# hardcover facts
must be reviewed as there is a proposed intensification
of structure. There is a proposed structural
intensification with proposed three season pjrch or
roof over second floor deck.
0-75* Setback Area -
existing « 408 s.f. or 6.58%
Although applicant shows 408 s.f. for a patio deck area
per the enclcsded survey Exhibit I. This area is
located outside the 0-75* setback area and should be
credited against the 75-250* setback area.
75-250* setback area
allowed = 2#187 s.f. or 25%
existing ■ 7#108 s.f.
proposed « 7#516 s.f. or 86% (note adjustment of
408 s.f. of patio/deck area)
List of Exhibits
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit G -
Floor
Exhibit H -
Exhibit I -
Exhibit J -
Application
Property Owners List
Plat Map
Applicant's Addendum
Hardcover Fact Sheet
Survey Key to Hardcover Facts
Previous Variance Approvals 84/85 Includes
Plan Approved With Building Permit in 85
Acknowledgement cf Adjacent Property Owners
Survey
Elevations
laiiOTis or TD PLMomRi co wassioa TIK AUGUST 21, 1989
S0MIS6 PIU •1428-Onn COUTISUD
In regard to the access off of llighvay 12, Otten requested'
the Planning CosMlssion approve his proposal subject to MNDOT's
approval of that save proposal. Kelley asked Otten if his
proposal included a "right-in" and "right-out". Otten replied
that his proposal included both but he would be willing to have
only the "right in".
Bellows questioned whether having neither the "right-in” nor
"right-out” would have a negative impact on the business? Otten
replied that he planned to locate the new business far enough
east to be out of the intersection of Willow and Highway 12. Be
believed that the "right-in" would be safe because it would
reduce the number of vehicles going through what is already a
congested intersection.
Kelley questioned why the applicant's plans did not depict
an access from the garden center to the future roadway. Mabusth
answered that due to the minimal level of development, the
applicant requested that be delayed until the lot further east is
developed. At this time applicant would propose to create only
the interior private driveways. Bellows questioned whether
adding the road at a later time would Interfere with the
immediate parking and circulation scheme. Mr otten explained!
that the access off of Willow would be closed. Mabusth added
that the installation of the access would be covered in the
developers agreement.
Planning Commissioner Johnson asked Mr. Otten what he
proposed to do with Lot 2? Mr. Otten said that he intended to
use Lot 2 as a "tree holding area".
Mr. Bobbin Sentell, 736 Dickey Lake Drive, asked Mr. Otten
to explain how the garden center would be separated from the
residential area. Mr. Otten explained that he intended to put a
berm in that area with Spruce trees planted on top. Mr. Sentell
asked for the dimensions of the berm. Mr. Otten said that it
would be 15* wide and 4-6* high with 4-6* plantings.
Mrs. Sentell asked if there would be a need to use Dickey
Lake Drive for overflow parking? Mr. Otten explained that his
proposal doubled the City's requirements for parking stalls. He
said however, in the event the parking lot was full, parking
space would be available in the landscaping section of the
center. Mrs. Sentell questioned whether the commercial vehicles
would be visible from Dickey Lake Drive? Mr. Otten responded by
saying that the berm and shade tree plantings should hide those
vehicles.
There were no further comments from the public regarding
this matter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Planning
Commissioner Cohen, to recommend approval of application #1428 as
. 2
tamrm or « Pijamm comaUim maim a !T 21. 1989
180HIK PIU 11428
follows:
COHTIBOnD
1. Rezonlng to PUD within Conprehensive Plan hmmndment 2
2. Vacation of Pine Ridge Lane
1. A 6' height variance
4. A tenporary access off of Highway 12, a "rlght-in* only
with adequate signage.
5. Construction of the bern with plantings
4. CcMBBercial Site Plan
7. Prelisiinary Subdivision
8. Utility and Drainage Easements
9. Retention Pond
10. Landscape plan
Chairman Kelley asked Mr. Otten what days and hours of the
day his business would be in operation. Mr. Otten replied that
the business is open 7 days per week from Easter to Christmas
from daylight to dark. Kelley also asked about security
lighting. Mr. Otten said that he had not determined to what
degree he would need such lighting. Mabusth suggested that Mr.
Otten include that information should be shown on the final
lighting plan. Planning Commissioner Johnson asked the applicant
when he intended to begin construction? Mr. Otten said that he
would begin in the fall. Johnson suggested that the access off
of Highway 12 be subject to approval by MNDOT. Kelly agreed to
amend his motion to reflect that; Cohen seconded. Motion,
Ayes=5, Nays«0, Motion passed.
#1431 LUCIA N(»I80«
1540 FOX STRSR
PULIMIIAST SOBDIVISIOH CLASS II
fORMALLT NITHDRAim
PUBLIC BBARIB6
Prior to this meeting, the applicant had requested that
application #1431 be withdrawn.
#1442 TUB LAHDSCHUTB GROUP, INC.
3300 BATSIDB ROAO/37S LEAP STRBBT
PRBLUUBARY SUBDIVISIOB CLASS II
PUBLIC HBABIBG 8:30 P.M. TO 8:40 P.H.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. Munsing was present for this matter.
moTisi OP m fLKMii«6 conaiSION noiTxaG aogqst 21, itit
wonm wiJM «i442>LMBsanin oknip, ivc. coM TiwjUi
Assistant Planning and Zoning Adninistrator Gaffron
sxplained that this Batter had previously been before the
Planning Coaaiission. There have been no changes to that original
proposal. Bach of the 2 lots will have 2 acres and the
drainfield sites have been dedicated. Each lot will be served by
a separate driveway. Lot 2 will have a driveway off of Leaf
Street» Lot 2 will have an access off of Bayside.
Mr. Henry Purchner« 360 Leaf Street# expressed his concern
regarding the driveway being installed off of Leaf Street due to
the normally wet, marshy conditions that exist in that area.
Ms. Sue Olson, 3280 Bayside Road, questioned where the house
and driveway for the lot on Bayside Road would be located.
Gaffron said that the driveway had to go to the west of the
defined drainfield site. He said that the app1icant was
proposing to locate the driveway next to the Olson's dri'<eway.
Ms. Olson indicated that she would prefer to have the driveway
■ore centrally located. Gaffron showed Ms. Olson where the house
was proposed to be located.
Ms. Jane Behraan, 340 Leaf Street, asked where the existing
house on Leaf Street was located? Gaffron indicated that there
were several houses on Leaf Street. Ms. Behrman asked whether
the proposed lots would be sewered? Gaffron said that the
proposal was for septic systems for both lots.
Mr. Olson questioned what type of houses the applicant
Intended to build? He said that he preferred not to have
enormous homes built. Mr. Munsing replied that custom homes
ranging in price between $300,000 to $400,000 would be built.
Gaffron noted that there would be need for a culvert and a
drainage easement would be taken.
There were no further comments from the public regarding
this matter and the public hearing was closed.
Planning Commissioner Bellows indicated that she had not
been in favor of this subdivision when previously presented and
that opinion had not changed.
Planning Commissioner Hanson said that this was not his
"favorite" subdivision, but he did not see any reason why it
should be denied. Bellows noted that the City prefers not to
create flag lots at all and this application would create two.
Bellows questioned the buildability of the land and whether it
would support two houses.
It was moved by Planning Commissioner Johnson, seconded by
Planning Commissioner Hanson, to recommend approval of this
application for a preliminary subdivision. Motion, Ayes»2,
Cohen, Kelley, Bellows, Nay, Motion failed.
MiaOTBS OF TBB PLMnUK CCMUSSIQII
CmAMOK
!TUB Aimm 21, 19tf
#1444 motlOli • CT I
3405 HIGH lAHH
FRKLUUHHRT SOBDIVISIOH CIASS XI
POHLIC HHHRIH6 8:45 F.M. (CtMTIHOD)
The Affidavit of Publication and Certificate of flailing wer*
duly noted.
Mrs. Ducharae was present for this suitter.
Building and Zoning Administrator Mabusth explained that the
applicant was proposing a two lot subdivision. The western lot
would have 5-t acres, the eastern lot would be 2 acres in sise.
Access is via High Lane which is an existing private driveway.
As part of the subdivision, outlots would be defined 50* along
the north and 25* along the west side of the property to connect
to Christine Drive. Mabusth asked Mrs. Ducharne if she could
provide the septic information required? Mrs. Ducharme said that
Mr. Koch had not contacted her so she did not have the
information.
There were no conments from the public regarding this matter
and the public hearing was continued.
It was moved by Planning Commissioner Cohen, seconded by
Planning Commissioner Hanson, to table this application until
such time that the septic information can be submitted. Motion,
Ayes>5, Nays»0, Motion passed.
#1448 KBVIH HAHKIHSOH
1125 WILLON MtlVH KMtTH
PHBLINIHHRT SUHDIVISIOH CLASS II
PUBLIC HBAHIHG 9:00 P.M. TO 9:10 P.N.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. and Mrs. Hawkinson were present for this public hearing.
Assistant Planning and Zoning Administrator Gaffron informed
the Planning Commission that the applicants were proposing a two
lot subdivision. This 5-acre lot intended for subdivision was
part of a 4-lot subdivision approved in 1978. The Hawkinson's
wish to create a 3 acre aiid 2 acre lot. There is an existing
pend in the proposed Lot 1 which has a Conservation and Flowage
Easement granted over it. Orainfield testing has occurred in the
norti.west corner, the highest ground on the property, and it was
determined that mound systems would be suitable. There is a
drainatj^way that runs across to ponds to the west where there are
existing houses. Gaffron said that the surveyor took elevation
measurements which indicated that drainage flowed from the east
to the west. Gaffron said that it would be likely that the City
Engineer will require a 20' wide drainage easement to assure that
drainage will continue to flow nto the western pond system.
Gaffron also explained the proposed access for Lot 1 and the
potential conflict of the County right-of-way and existing
drainfield sytom for Lot 2. He said that due to a need for turn
M J Tis or iuynnc cq Ikissxoii hbetiig Aitonst 21, itit
lonws nu •i44t>iMnnm cowmim
lan«s on Willow (should that section of Willow beccsse County Road
116) the County would pr^ibably ask for additional footage.
Gaffron said that there are existing accessory buildings on Lot 2
which total 2*900 s.f. Gaffron noted the options available for
addressing the accessory structures based on the recently
approved accessory structures ordinance.
Chalrsian Kelley said that there would be no need for
variance approval if the applicant would agree to remove enough
of the accessory structures to meet the City Code. Mr. Bawkinson
said that he would see no problem with that.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley* seconded by Planning
Ccunmissioner Johnson* to recosuend approval of the preliminary
subdivision* pursuant to staff recommendations and the resK>val of
sufficient accessory structure* not to exceed the 2*400 s.f.
allowable. Planning Commissioner Hanson said that he had
contemplated purchasing this property at one time* but he back
away from it because he did not think that the soils were
conducive to building. Gaffron said that there was no question
that the soils were Glencoe and that this was a "builder beware*
type of lot because expenses will need to be Incurred for soil
correction. Motion* Ayes«4* Hanson* May* Motion passed.
HOKSB BOMBS
4127 OAK STHBBT
VARIABCBS 9
PUBLIC BBARIBG 7i45 P.H. TO StOO P.N.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. David Morse was present for this matter.
Building and Zoning Administrator Mabusth explained that a
4* wide track with a tram would be used to access the lakeshore
of this proposed house. She said that the LMCD and DNR
recommended the use of trams for lakeshore access.
Chairman Kelley asked Mr. Morse if he had any objections to
staff's hardcover calculations since they varied from his own.
Mr. Morse said that he would be willing to use the staff's
calculations as long it would be offset with the excess he had in
the 75-250' setback area.
Mabus.;h said that the applicant would require an average
lakeshore setback variance in order to construct the gazebo and
deck. T ie gazebo would be placed at the 962' elevation and the
structure would be 16' high. Mabusth said that the location and
height of the gazebo would not present any view or sighting
problems for the adjacent residents.
uriom Of fBi ftjuniivs cQMiissioH imtiiie Ao^si ai, i§«i-
lOnHG PILB tl430HK»SB BOMBS COBTIliOBD
Mr. Charles HoMaeyer, 4125 Oak Street, said that he objectedi
to the height of the gazebo because the roof would interfere with
his lake view.
Planning Comisissioner Cohen asked for clarification. He
asked Mr. Hommeyer if he were sitting in houser looking toward'
the lake, if the gazebo roof would obstruct his view. Nr.
Honuneyer replied that his view would be obstructed. Planning
Commissioner Bellows questioned how that would be possible?
Planning Commissioner Hanson said that he had looked at the
site with the sight issue in mind and in his opinion, the
Hommeyers would see the roof of the gazebo, but it would not
interfere with their lake view. With the use of a sketch,
Mabusth showed that the Hososeyers would be looking away from the
lake if they were viewing Mr. Morse's gazebo.
Ms. Byrne Peter, a neighbor to the north, also expressed
concern about the gazebo obstructing her view of the lake. She
said that IS' was an excessive height for the gazebo. Ns. Peter,
using a straight edge and a sketch, showed that the gazebo in
fact would not interfere with her view of the lake.
Mrs. Hommeyer said that she was not sure that a future buyer
of this home would like the improvements being made at the
lakeshore. She said she would be more in favor of these
improvements if Mr. Morse intended to live in the hone he was
building.
There were no further comments from the public regarding
this matter and the public hearing was closed.
Planning Commissioner Bellows opined that the proposed
gazebo could be precedent setting. She said that Mr. Morse's
gazebo had more structure than she would associate with a typical
gazebo. Bellows observed that the proposed gazebo resembeled a
SBiall cabin or bunkhouse. She note^ that she was not opposed to
a gazebo being located where Mr. Mcm^e was proposing, but she did
object to the structure itself.
It was moved by Chairman Kelley, seconded by Planning
Commissioner Cohen, to recommend approval of the construction
within 7S' of the lake and the hardcover necessary for
construct.on of the tram, as well as grade level decking. Kelley
said that he would not approve the gazebo design presented.
Planning Commissioner Johnson questioned whether the design of
the gazebo was an issue for the Planning Commission to determine.
He said that the proposed design resembled a gazebo. Motion,
Ayes»3, Hanson, Johnson, Nay, Motion passed.
maims of tbb PUMonaG o ssioa Tiac A0608T 21, 1989
#1432 JULIA aaiTaar
4470 FOBBST L8U LMDiaG
VAEIAaCB
PUBLIC HBAUaC 0:05 P.M. TO 8:10 P.M.
The Affidavit of Publication and Certificate of Mailing vere
duly noted.
Ms. Julia Whitney was present for this setter.
Assistant Planning and Zoning Adninistrator Gaffron informed
the Planning Connission that the applicant was in need of a
hardcover variance and an average lakeshore setback variance to
construct an addition to an existing house.
A resident on Wildhurst Trail expressed concern regarding an
ongoing drainage problem. She did not expect that the
applicant's proposal would have any negative impact on the
drainage, but she was requesting help from the City to solve this
problem. CounciImember Goetten indicated that she would talk
with the City staff regarding this problem.
There were no comments from the public regarding this smtter
and the public hearing was closed.
It was moved by Planning Commissioner Cohen, seconded by
Planning Commissioner Hanson, to recommend approval of the
average lakeshore setback variance and hardcover variance to
allow 31.7%. Motion, Ayes>5, Nays«0, Motion passed.
#1433 LORBN MITTBItFIBLD
3925 MATBRTOmi BOAD
COMDITICNUIL USB PBHMITAARIABCB
PUBLIC BBABIH6 8:10 P.M. TO 8:1« P.M.
The Affidavit of Publication and Certificate of Hailing were
duly noted.
Mr. Butterfield was present for this public hearing.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Planning Commissioner Hanson, seconded by
Planning Commissioner Johnson, to recommend approval of the
conditional use permit for removal of peat from the southern
wetland prior to the City granting final approval of the plat.
Motion, Ayes'cS, Nays^O, Motion passed.
#1434 GARY BARR
3034 CASCO POINT ROAD
ONroiTIOHAL USB PERMIT
PUBLIC BBARIBG 8:12 P.M. TO 8:14 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. Barr was present for this matter.
8
tavoTES or thb kabhik coiMissioa ITIBG A060ST 21, 1989
lOBIBG riU •1434-BAMt COBTIMIBD
Assistant Planning and Zoning Administrator Gaffron provided
a brief history regarding the structure with the guesthouse above
it. Gaffron said that this was an after-the-fact request, but
that the guesthouse was existing when Mr. Barr purchased the
property.
There were no cossoents frc» the public regarding this natter
and the public hearing was closed.
Gaffron asked Mr. Barr if it would be possible to obtain any
adjacent land? Mr. Barr replied that he had been trying to work
sosMthing out with an adjacent property owner, but at this time,
the owner would be unable to provide a good deed for the
property.
Chairman Kelley asked Mr. Barr what his hardship for the
variance is?. Mr. Barr said that he assumed that the guesthouse
was part of the property when he purchased it. He said that it
was nice to have the guesthouse for visitors.
Planning Commissioner Cohen asked Mr. Barr if he had in fact
had people living in the guesthouse, and if so, how much they
paid for rent? Mr. Barr replied that he did at one timehave
people living in the guesthouse and that he exchanged services
(auto mechanics for living space) rather than monetary rent.
Planning Commissioner Johnson asked Mr. Barr if he was
agreeable to the condition that the guesthouse not be used as a
rental unit. Mr. Barr responded affirmatively.
Planning Commissioner Bellows compared this use with a
caretaker home.
Planning Commissioner Hanson said that since this was a
"City approved”, pre-existing condition, that the Planning
CoBimission was almost bound to approve continued use of the
guesthouse.
It was moved by Planning Commissioner Hanson, seconded by
Plannlug Commissioner Bellows, to recommend approval of the
conditional use permit for Mr. Barr, allowing the guesthouse use
to continue, subject to staff's conditions. Motion, Ayes«3,
Kelley, Cchen, Nays, due to a lack of hardship and the size of
the lot. Motion passed.
•1435 join 4 GAIL BAFOS
2580 DOBNOODT AVBBOB
VARIABCB
PUBLIC HBARIBG 8x20 P.N. TO 8x25 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mrs. Hafus was in attendance for this matter.
mBuns or thb ruuniiHG commissioh mbbtihg adgdst 21, ifS9
ZOaiK PILE tl435-HAr08 COWllDED
Building and Zoning Administrator Mabusth explained that the
applicant was requesting a 1' sideyard setback to construct a
storage addition to the rear of the house.
Planning Commissioner Bellows asked why, if the storage area
was not to be used for automobiles, did it need to be 23* deep?
Mrs. Nafus said that she did not want to mislead the Planning
Commission and that there would be automobiles stored in the
garage, in addition to a boat, bikes, etc.
Planning Commissioner Johnson asked the applicant how she
intended to access the storage area? Mrs. Nafus explained that
the cars are only used three times a year and there would be no
need to have an access from the street. They would just drive
across their lawn.
Chairman Kelley said that a future buyer would most likely
request an access to the rear storage area, even though the
applicant was not at this time.
Planning Commissioner Bellows notec' hat there was a
discrepancy in that the site plan shows the garage at 23' and the
plan indicates 24'. Mrs. Nafus said that she would prefer to
have the garage 24'. Mabusth said that there would be a need for
a 2' variance rather than 1' as previously stated.
There were no comments fr«n the public regarding this matter
and the public hearing was closed.
It was moved by Planning Commissioner Cohen, seconded by
Planning Commissioner Hanson, to recommend approval of the 2'
sideyard setback variance, and to put any future owner of the
property on notice that a permit will be required for the
additional curb cut. Motion, Ayes«5, Nays«0, Motion passed.
•1436 BOBnr NITCBBLL, JB.
1101 PnHDALB BOAD NB8T
VABIABCBS
PUBLIC HBABIH6 8t27 P.N. (COBTIHOBD)
The Affidavit of Publication and Certificate of Mailing were
duly noted.
The applicant was present for this public hearing and
requested that this application be tabled.
Building and Zoning Administrator Mabusth informed the
Planning Commission that this application involves a request to
construct a second story over the first story of the existing
residence. The applicant will require approval of setback
variances to the lakeshore on both sides, side setback variances
and reapproval of hardcover, even though hardcover will be
reduced.
There were no comments from the public regarding Ihis matter
Miiom of fm fuuniiie conkissioh ihbti «6 aogost 21, i9S9
lOBIK PILB •1436-MI1CIIBLL CORIHUBD
and the public hearing was continued.
It was Boved by Chairman Kelleyr seconded by Planning
Coamiaaioner Bellows to table this application. Motion, Ayes«5,
Nays*0, Motion passed.
*1437 JOn B.A. ID61IKM, II
2590 FOX STRKBT
VAKIAMCB
fOBLIC HBAKIB6 8s29 P.N. TO 8s30 f.N.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. and Mrs. Idstrom were present for this matter.
Assistant Planning and Zoning Administrator Gaffron
explained that the applicants are requesting a variance to allow
for the construction of a horse barn. The barn will meet the
setbacks required to house horses.
Planning Commissioner Bellows recommended that, given the
odd shape of the lot, the Planning Commission make very clear
that any future subdividing will require the barn to be removed.
Planning Cosanissioner Hanson asked about the time period allowed
for such removals to take place? Gaffron replied that typically
18B days is allotted for either the removal of the accessory
structure or the construction of a principal residence.
There were no comments from the public regarding this matter
and the public hearing was closed!’
It was moved by Planning Commissioner Cohen, seconded by
Planning Commissioner Hanson, to recommend approval of the
variance allowing an accessory structure nearer the front lot
line than the principal structure. The hardship in this
application is the configuration of the lot. Approval is subject
to the vegetation being maintained. Motion, Ayes«5, Nays>0,
Motion passed.
*1438 MRS. PHILIP PILLSBORY
1200 BKACKBTT'S POIHT HOAD
VARIAHCBS
PUBLIC HBARIH6 8s40 P.N. TO 8:45 P.N.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mrs. Pillsbury was present for this matter.
Building and Zoning Administrator Mabusth explained that the
applicant was proposing to construct a four foot wall along the
north property line abutting County Road 15, along Bracketts
Point Road and continuing along the east lot line. Mabusth said
that Council had originally approved a height variance for a 6*
r.i
Hmms or to pukamn ooHUssioa MBmc Mieosf* ii, Xflt
SOOIK PILE fl43t>PILL8BimT COmaOKD
high retaining vail to the drivevay only. Beyond the driveway*
ti'o val? vaa required to be 3.5*. However* applicant chose not
to pr'^ceed with this application because she preferred to have
the wall at one continuous height.
There were no cossnents froei the public regarding this natter
and the public hearing was closed.
It was Boved by Chairnan Kelley* seconded by Planning
CoBBissioner Johnson* to recosMnd approval of application I143S*
for a C* height variance for a serpentine brick wall. Motion*
Ayes»5* Hays»0* Notion passed.
•1439 lAWlWWB B.
ipj«lSS~SSrCoSpiTlOMkL USE PBENITAEEIAECB
POELIC BBBBIEC St50 P.M. TO 9153 P.M.
The Affidavit of Publication and Certificate of Nailing were
duly noted.
The applicant was present for this public hearing
Assistant Planning and Zoning Adninistrator Gaffron informed
the Planning Cosnoission that the applicant was seeking after-the**
fact approval for a deck and retaining walls in the 0-75* setback
zone. Gaffron said that at one time thtre was a boathouse* but
in the 1987 storms the boathouse was dat.aged beyond repair. The
applicant removed the damaged structure* but left a portion of
the concrete walls to act as a retaining wall for the bank. Mr.
Langhans then built a deck using the pre-existing foundation as
partial footing. The applicant is «lso constructing another
Section of retaining wall adjacent to the deck. Re said that it
was staff's recommendaticn that the foundation should remain
because it is helping to stabilise the bank. Staff also believes
iCithat the retaining walls are also necessary. Gaffron noted that
there were several letters supporting^Phis application.
There were no comments from the public regarding this matter
and the public hearing was closed.
Planning Commissioner Johnson stated that if this
application were not after-the-fact* the Planning Cosimission
would not have recommended approval to build the deck. He felt
that they were now forced to act and thr.t Mr. Langhans should
have been aware of the City's codes and ordinances due to his
profession as a realtor.
Mr. Langhans explained that he had done what was necessary
to prevent further erosion. Johnson noted that the City was
issuing emergency permits for bank stabilization after the July*
1987 storm. Mr. Langhans also mentioned that he had reduced
hardcover .
Gaffron said that removing the concrete wall would provide
imons or to ruunmn comissioa iTiK JUKisv n» int
lOHIK PIU •1439-LMMSnBS COMTII
support for the bank for quite some time. It the wall were
renoved and an atteapt nade to reconstruct another wall, the
Bui^rt would be weakened. Caffron said that In the past it has
been the City's policy to allow the foundation to reaaln and fill
in around it. Gaffrcj said however, in this case, any fill aay
wash away and nothing would be acc(»pli8hed.
Bellows questioned whether the decking could be reaoved.
Gaffron said one concern about eliainatlng the deck is that due
to the steep drop, a railing or dense plantings are needed.
It was Boved by Planning Coaonissioner Bellows, seconded by
Planning Cosanissloner Johnson to recomsiend denial of the after-
the-fact request for construction of a deck in the 0-75' setback
area, but that the applicant be allowed to maintain the existing
foundation wall, as well as the retaining walls on either side.
Motion, Ayes*5, Hays«0, Motion passed.
#1440 PIBST MATIOWU. BMK OF TD IAMBS
244S SBADYMOOD BOAO
B—1L FBBIABCB 4 COMMBBCIAL 8ITB PIAM RlEVIBH
POBILC BBMIIBC
It was moved by Chairman Kelley, seconded by Planning
Commissioner Cohen, to table this application. Motion, Ayes«5,
Nays*0, Motion passed.
I I ar HBTIOB ItBH
There will be an optional meeting of the Planning Comnlssion
on September 6, 1989 at 7:00 p.m.
AFFBOFAL OP MIMOTBS
It was jioved by Planning Commissioner Cohen, seconded by
Chairman Kelley, to approve the Minutes of the July 17, 1989
Planning Commission Meeting. Motion, Ayes«S, Nays*0, Motion
passed.
PLABBIBG C0MMI88I0B RBFRBSBMTATIVB
It was agreed that Planning Commissioner, Jeff Johnson,
would represent the Planning Commission at the September 11, 1989
City Council Meeting.
ADJOOBBMBMT
The August 21, 1989, Planning Commission Meeting adjourned
at 9:15 p.m.