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HomeMy WebLinkAbout05-19-1988 Planning MinutesMiMiTBi OF fni Fyurwie eowixssioii Homs i WkY 1€, IMS MTOmaCK 7x03 P.N. The Planning Conunlsaion met on the above date with the following members present: Chairman Kelleyr Bellows# Hanson# and Moos. Brown arrived at 7:28 P.M. Johnson and Cohen were absent. The following represented the City staff: Building & Zoning Administrator Mabusth# Assistant Planning & Zoning Administrator Gaffron# Building Official Jacobs# and City Recorder Peterson. CounciImembers Peterson and Callahan were also present. Chairman Kelley welcomed newly appointed Planning Commirsion member Sara Moos. «12€7 JAMS LSMERiaC 1585 8IXTB AFBBOB BORni PRlLZIimRT SOBDIVIS'XOH POBUC wmam-rme 7x04-*7t0/ The Affidavit of Publication and Certificate of Mailing were noted. Jo Haislet of Century 21 was present representing the applicant. It was noted that the survey showed the public road as Dakota Avenue but is actually Long Lake Blvd. Mabusth explained the proposed division of legally combined lots along already platted lot lines. Staff recommends approval finding all the standards of the RR- IB zoning district and on-site septic code have been satisfied. Gaffron noted that the State has a minimum 50* well-to- septic setback and the City's minimum setback is 75’. In this case# the setback is proposed at 55* which meets the State's setback and staff finds no problem with granting a variance to the City's setback standard. .<Wi There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Hanson# seconded by Bellows# to recommend approval per staff recommendation. Motion# Ayes 4# Nays 0. (Brown was not present for this vote.) #1270 DAVID ft TRB8A GARDBLLA 1230 « 1260 OROHO OAKS DRIVE PRBLINIMART SOBDIVI8IOH PUBLIC HBARIR6 Mabusth stated that applicants have withdrawn their application. MIVOTBS OF THE FlAmK COHHTSSIOli MBErUie MT 16, 1908 11222 JAM NATS 1885 COHCOSOIA S1BBBT AgTlt-tHB-FACT SBCOND SBVIBN •ITIONAL 088 FBKftlT Mabusth explained that this application for an after- the-fact conditional use persit for lakeshore restoration work was tabled in Moveober 1987 pending resolve of the method used to stabilize the damaged lakeshore bank. She reviewed the restoration work done at the site and staff's recommendation. Phyllis Waye was present for this matter. She noted that they would prefer to cover the limestone area with topsoil and plantings rather than remove limestone. Mabusth referred to the two options available to applicant in staff's memo. She noted the importance of erosion controls in this project. After past discussions with Architect James Robin# Bellows felt that the plan is reasonable. She voiced concerns with controlling deposits into the lake during the project and that the project be monitored closely by staff. It was moved by Bellows# seconded by Kelley# to recommend approval of the after-the-fact conditional use permit per staff recommendation including allowing the #1 green area to remain as limestone subject to proper erosion controls during and after the project until plantings are well established. Motion, Ayes 4# Hays 0. (Brown was not present for this vote.) #1263 NIHDNARO MARIHA/JAMBS RITBR8 1444 SBORBLIHB DRIVB COHDITOHAL 088 PBRM1TAARIA8C88/ COMMERCIAL 8ITB PLA8 R87IBH 8BC08D RBVIEN James Rivers was present for this matter. Jacobs reviewed the variance requests related to the commercial site plan review as outlined in staff memo. Mr. Rivers stated he objected to paving the parking lots because it would continually break up because of the water level and soil conditions. Kelley agreed with Mr. Rivers and felt that crushed rock was preferable to asphalt in the parking areas with exception to the area already paved. Bellows and Hanson concurred. I MIHDTBS OF *BB FIAmilSS COMUSSIOH !TU6 1 lOil 1«, 19f8 #1263 m JCD mUKl/RlVDS COWTIUBP Kelley felt that a crosswalk should be designated across the County Road. d ’■r. * '% su­ it was Boved by Kelley* seconded by Brown* to recoionend approval of the following: 1. Setback along street variance as proposed. 2. Variance for four parking spaces. 3. Hardcover variances on both the Tanager Lake side and Browns Bay side as proposed. 4. Lakeshore setback variance as proposed. 5. Allow coBBercial activity within 50' of residential district. 6. Lot area and lot width variances. Hardship based on the existing current structure. 7. Variances for lakeshore* side yard* and front landscaping along the parking lots along County Road 15* however allowing 10' landscaping in front of the building. 8. Variance to allow crushed rock surface instead of asphalt. Subject to the findings outlined in staff's memo and the following conditions: 1. Hydraulic volume information on the east and west side. 2. Feasibility of a designated crosswalk. Finding the hardship is the shape and sise of the existing commercially used property. Bellows suggested that a fence be placed in lieu of the waived landscaping. Jacobs felt that a fence would obstruct sightlines etc. Mr. Rivers explained his intentions for landscaping if he gets the 10* right-of-way from the County. Motion* Ayes 5* Nays 0. Jacobs reviewed the commercial site plan. He noted that the building size has been reduced. Bellows questioned the need for 3 years to accomplish the project and felt a specific time period should be determined. Mr. Rivers explained that he plans to do the Tanager Lake side improvements this summer* and complete the other side when financing is available. Bgiwiei NiaOTBS OF THE PlAnilG COMaSSIOV jTtm mt li. i9it tx20 iri]an MMmn/RivBss coarii Mabusth explained that if the Council is agreeable, an agreement could be made with the owner/applicant of the> property to approve the project for a 3 year time period . Mtic m It was moved by Kelley, seconded by Bellows, to recommend approval of the commercial site plan as proposed per staff recommendations subject to the following conditions: 1. Designation of a crosswalk across the County Road. 2. Completion of the east side of the Browns Bay side by November 30, 1988. 3. Paving is only requried on half of Tanager Lake parking area which already exists at this time. Motion, Ayes 5, Mays 0. *1265 MIMMITOMKA ALABO 6BOOP IBC. 2760 FOX 8TKXR VARIABCB/OOBDinOHAL USB FBBNIT PUBLIC HBAR1B6 7:56-8x04 The Affidavit of Publication and Certificate of Mailing were noted. Gerald Johnson and Roger Koehnen were present for this matter representing the Alano Group. Mabusth explained the request for a conditional use permit to formally allow the non-profit club use within a residential zone; and a setback variance for expansion of the parking area within the front/street required yard areas. She advised that any future residential use of the property would be very limited because the expansion of the parking area would destroy the suitable septic area. Kelley asked why not keep the parking area grass rather than asphalt. Mr. Johnson stated that they need an additional 24 parking spaces and this can only be accomplished by utilizing the septic area and putting in a holding tank. They feel leaving the parking area grass would only kill the grass and provide a muddy parking area. Kelley felt that this non-profit club use was an ideal use for the property and did not feel it would ever be changed to a residential use. There were no comments from the public regarding this matter and the public hearing was closed. Miaone op tee rtMoam comiissioh itiiC!; I ^ I ilKf U, !§•• #1265 Mil BTOnUk ALAMO GIOOP IMC. It was BK}ved by Kelley# seconded by Hanson# to reconend approval of the conditional use pernit# setback variance# and variance for the use of a holding tank as proposed. Motion, Ayes 5, Nays 0. •12C€ CAIL LIVIM6ST0M 2tts Sim AviMum hobtb VAMIAMCB PUBLIC HBARIM6 StOS-StlO The Affidavit of Publication and Certificate of Hailing were noted. Mabusth explained the request for a variance to maintain 2 horses at a 2.34 acre homestead. She explained that when horses are kept stabled and do not require a pasture for feed purposes# the miniiiua pasture requirement may be adjusted at the discretion of the Council. Applicant will provide feed and has no need for the additional pasture area for the feeding of two horses. Gail Livingscon was present for this matter and stated she is in the process of moving# the house is for sale# and prospective buyers have inquired about being allowed to maintain horses on the property. Kelley stated he did not like granting variances to someone who will not be owning and living on the property. Bellows concurred with Kelley# but noted she did not see a problem with recommending approval of this particular request to the new homeo%mer. Brown and Hanson agreed with Bellows and Kelley. Planning Commission and staff advised Ms. Livingston how to proceed with this application when she has a actual buyer and purchase agreement. There were no comments from the public regarding this matter. It was moved by Kelley# seconded by Bellows# to table Application #1266 at this time. Motion# Ayes 5# Nays 0. MiauTBS OF nx puuniiaG commxssiqh hbetik ibld Mikf li« S . ■ ^ ‘ ' “/A-l. *► ■ ^ ji 5 V ’t i' «12tS DOHALD S. PBnXSOV 3048 aOMB 8B08B OKIVX VJUUAMCB FOBLIC HBARIK OslO-OtlS The Affidavit of Publication and Certificate of Mailing were noted. Donald Peterson was present for this Biatter. Gaffron explained the request for a hardcover variance in the 75-250' zone to construct room expansion to the vest side of the house. He noted that the only reasonable area where hardcover could be reeoved would be in the driveway area, but not enough hardcover could be removed to off-set the proposed increase and maintain a functional driveway. Kelley asked applicant what the hardship was for needing the variance? Mr. Peterson explained the need to relocate a bathroom from the main entrance area to the proposed expanded master bedroom area. Bellows stated she understood the desire to improve the property but felt the application lacked an exhibited hardship to justify granting the variance. She notec that the application did not include a sketch of the existing interior of the house which would be helpful in making a decision. Mr. Peterson explained the existing interior of the house. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Brown, seconded by Hanson, to recommend approval of the hardcover variance as proposed per staff recommendation finding the hardship being the configuration of the lot precludes sufficient use of the land within the 0-250' zone, subject to no additional hardcover allowed on the property. Kelley stated he felt torn on this application but felt there was some validity to the above stated hardship. Kelley and Bellows did not feel that removal of part of the driveway back-up apron was practical in this case. Bellows stated she would support this application finding that there are some reasonable hardships related to the lot. S . •aauTBS OF THB PLunmR exMogsaiow MBBTine hblo liir 16, i9id *1268 PBTKRSOH CCMTiaillD Mr. Peterson noted that there is a 4' wide rock border around the house that is underlayed with plastic which he would like to reeove at soee point to allow the additional hardcover of a deck. Gaffron stated that these rock beds were not included in the hardcover calculations and this new inforeation increases the existing and proposed hardcover calculations. It was noved by Brown, seconded by Hanson, to withdraw the previous notion because it was based on inaccurate hardcover calculations. It was noved by Kelley, seconded by Hanson, to table this application until the June 6th neeting pending a comprehensive site plan fron applicant. Motion, Ayes 5, Nays 0. #1269 RICBAKD « JAMB MOLAHD 1395 QROHO LAMB OOMDITIOMAL 081 PBBNIT POBUC BBAMIBC S>16-8t39 The Affidavit of Publication and Certificate of Mailing were noted. Richard t Jane Noland were present for this natter. Mabusth explained the request for a conditional use permit for a guest apartment within a detached garage. This particular guest apartment use existed within the structure prior to 1982. She explained the history of this guest apartment use and the covenant filed with the chain of title which would allow the reinstatement of the use upon application for the appropriate permits. Mrs. Noland stated that the guest apartment will be occupied by her aunt during the months of April through November. i There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Hanson, to recommend approval per staffs' recommendation and subject to the following conditions (if it is legally permitted within the covenant): 1. Guest apartment cannot be rented. 2. The conditional use permit is only approved for the use of the extended family of the owner of the property and proposed use for a caretaker will require a separate conditional use permit. Motion, Ayes 5, Nays 0. ilV- -t - Me* MiaOTBS or 1HB riAaiK OQMMISSIOI MEnUR; BSL£» MAt ICr 1988 :xm ROM) *1271 RICK HI< 2184 SBAOTIfOO VRRIARCB POBLIC HRRRIRG 8:45-8:51 The Affidavit of Publication and Certificate of Mailing were noted. Rick Miccum was present for this matter. Gaffron explained the request for a hardcover variance to remove an existing one car detached garage and replace it with a three stall garage to be located in the 250-500' setback sone. He reviewed the existing and proposed hardcover and hardcover credits. Kelley felt the proposed 250-500* hardcover was excessive. Bellows felt that the design and location of the garage was not workable for maneuvering cars into the garage and that ultimately more hardcover would be needed to correct this problem. Mr. Hiccum agreed that there may be a problem with maneuvering cars. Brown questioned if a 3 stall garage was necessary when hardcover is the issue? Mr. Niccum stated that the third stall was needed for boat storage. There were no comments from the public regarding this matter. It was moved by Kelley* seconded by Hansen, to table Application #1271 pending a redesigned proposal. Motion, Ayes 5, Nays 0. #1272 RICHARD J. KBIT 1153 BLMfOOD AVBROB VARIABCB POBLIC HBARIBG 8:53-9:01 The Affidavit of Publication and Certificate of Mailing were noted. Sid Blanchard was present representing Mr. Heit who was out of the Country. Gaffron explained the request for side setback and hardcover variances to construct a second story addition to existing house. 8 1 1 MiniTBS OF THE PIAHRIie CdMUSSKMI MBBTIK HELD NET 16, 1988 i #1272 BEIT COBTIM1 Bellows questioned if this proposal was structurally feasible and was concerned with the need to build beyond what is being proposed in nidstream of the project in order to support the addition. Mr. Blanchard stated he did not have the Information that would confirm the structural feasibility of the addition, however, felt confident that the aoplicant has had this done. There were no comments from the public regarding this matter and the public hearing \fas closed. It was moved by Bellows, seconded by Hanson, to recommend approval per staff recommendation subject to the following conditions: 1. Confirmation of the structural integrity of the design. 2. Staff to verify that the floor plans do not contain a separate kitchen. 3. No additional hardcover on the property allowed. Motion, Ayes 5, Nays 0. #1273 BOLLIH ft SHARON LACT 2655 NORTH SHORE DRIVE CONDITIMAL USE PERNIT/VARIANCE PUBLIC HEARING 9:14-9:16 The Affidavit of Publication and Certificate of Mailing were noted. ^ Rollin Lacy was present for this matter 1 • Mabusth explained the request for a conditional use permit and variance to place approximately 339 cubic yards of fill behind the proposed rip—rapping of the shoreline. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Brown, to recommend approval per staff recommendation. Motion, Ayes 5, Nays 0 • bi M1IUTB8 OF THE PIABHIEG CCMM18SI0H MBTJE6 I MAY 16r 1988 #1274 D8VID J. EELS(»I 740 NILLON DRIVE SOOTH VRRIAECE POBLIC 1ERR1H6 Publication and Certificate of Mailing were noted. David Nelson was present for this matter. Gaffron explained the request for a side setback variance to construct an attached garage. He noted t*'».t there is no other feasible location for the propo »ed garage. There were no comments from the public regarding this matter and the public hearing was closed. #1277 BIG ISIABD BOBRD OF GOVERBORS pmmmn LOT 1 COHDITIOHM. OSB PERMIT * The Affidavit of Publication and Certificate of Mailing were noted. A1 Wisdorf and Larry Sharpe were present representing the cf Governors. Mabusth explained the conditional use permit involving two phases of use as followsi Phase 1) Allowing of the work crews to complete the final clean up and removal of all hazardous conditions on the island. Phase 2) Allowing the camp to open for day use recreation. This phase will be brought back to Planning Commission for review at their June 6th meeting. Mr. wisdorf noted that all the remaining buildings have been secured per the building inspector's direction. 1 1.r • • e s a It was moved by Bellows, seconded by Hanson, to i recommend approval per staff recommendation. Motion, Ayes 5, Nays 0. 1 Kelley asked if there were any dry wells on the property that may be hazardous to children? Mabusth noted that staff has inspected the property for these types of hazards and has drafted a detailed memo of directives to the Board regarding their findings. Brown and Bellows asked how th»»y planned to control the number of visitors allowed at tn*. camp at one time? MIVOW OP THB PLMnmK CONiaSSIOH MBRIK nht Kt 1988 ■T* B- /;u' '■'■■ ^ • y t ' .«‘- M •■ , ^ : ^ ■ vwl;‘> -■ - ...-<. ■> ’• #1277 BX6 i8uyn> corriausD ^ , ,, Mr. Wisdorf stated that this issue has not been fully addressed but will probably have some sort of sign-in system. Bellows voiced concern with the overuse of the septic system finding there may be problems with controlling the use of the restroom by the general boating public. She suggested advancing the deadline for upgrading the systems. Caffron stated there were two restroom facilities that are useable at this time, but their capacity is unknown. He suggested utilizing these restrooms until they bec<»e a problem at least for this year. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Bellows, to recoBimend approval of the conditional use permit to allow work crews to complete the final clean up and removal of all hazardous conditions on the island. Motion, Ayes 5, Nays 0. #1279 aOBTimH HTDSAULICS 2687 MB8T NAT8ATA BODLBVAIID APPBALS PUBLIC BBARIB6 9t35-10l07 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request for an Interpretation of the zoning code regarding Orono's ligh^ industrial district. Applicant proposes a warehouse retail use and the Orono code does not specifically address retail use within the industrial zone. Present representing Northern Hydraulics were: Attorney Paul Hauge, John Rose, Dave LaPort, and Rob White. Mr. Hauge explained the proposed operation (as outlined in Exhibit D inlcuded in staff memo) and site plan. In summary, they contend that the proposed operation is allowed within Orono's Industrial zone finding that it is not strictly a retail operation because they would be dealing with industrial and commercial consumers. Joe Pollansch of Washington Scientific Industries voiced concern with the impact on the existing hazardous access onto Highway 12. 11 MIHUTBS OP THE PIAMnMG COMHSSIOll itilK;.lift taut li, 1988 #1279 PORTS m HYDRAULICS COHTIHUHD Mr. Hauge stated they contacted MnDOT about the access and was advised to consider the possibility of a service road along the south side for a long term solution keeping in mind that Highway 12 will eventually be upgraded . Kelley stated he was not in favor of retail uses in Orono and feels it nay create an undesireable competition with the City of Long Lake. His interpretation of the ordinance does not allow the use as proposed by applicant. Bellows stated she was not in favor of soning amendments to accomodate individual applications. She disagreed with applicants that this was more of an industrial use rather than retail. She stated she may be open to allowing this use under a conditional use permit. She voiced concern with the increase in traffic. Mabusth advised that if the use were to be allowed via a conditional use permitf the Industrial code would have to be amended. Moos also voiced concern with the increased traffic onto Highway 12. She felt that this proposal was more i retail than industrial. ^ Brown stated that the traffic on Highway 12 was his biggest concern. Mabusth asked Planning Commission if they would be more favorable towards this use if applicant could provide a safe traffic access pattern? Brown stated he would be more favorable if the access issue was resolved. Kelley stated he did not feel this use should be permitted even under a conditional use permit because the past has shown that conditional use permit operations always escalate to the point of being grandfathered in. He felt that if the use was to be permitted the zoning code would have to be amended. He felt this particular area is suitable for light industrial only. Hanson stated he would be in favor of allowing the , operation as a conditional use. He did not feel this use was covered under the current zoning code. MIHUTBS OF ns PLMmiMG C0MNI88I0H MBBTIK HBLD lAT 16, 1988 #1279 HOSn IIS BTDSAOLICS COMTIBI There were no comments from the public regarding thfs matter and the public hearing was closed. It was moved by Kelley, seconded by Moos, to recommend | denial of the appl.^cation finding the use in conflict and inconsistent with the intent of the recent Comprehensive <>lan Amendment for the Highway 12 corridor. Motion, Ayes 3, Nays 2. Brown and Hanson voted nay. Motion carried. Staff and Planning Commission advised applicant of the significant time involved with amending the code to permit the operation as a conditional use especially if the issue of a frontage road is addressed. Following discussion of the access issue. CounciImember Callahan stated that in this particular application, the Planning Commission is acting as a Board of Appeals and should decide whether the ordinance as it exists permits the proposed use. Bellows recommended a re~vote based on this question of "Is the proposed use consistent with the current standard?” It was moved by Bellows, seconded by Kelley, to deny the • appeal. Motion, Ayes 5, Nays 0. ' OPTION FOB THB RBFIBf OF LAND 08B COBTBOLS/I8SOB8 DI8C088I0H Planning Commission discussed options relating to ways that the City may desire to undertake as it relates to its land use controls, and the means by which it reviews those. Chairman Kelley and Vice-Chairman Bellows stated they would attend the June 13, 1988 Council meeting to discuss their recommendations regarding this issue. APPKOVAL OF NIHUTBS It was moved by Kelley, seconded by Bellows, to approve the Minutes of the April 18, 1988 Planning Commission meeting as sutxnitted. Motion, Ayes 5, Mays 0. PLAHNIHG COMMISSION RBPRBSBHTATIVB Kelley and Bellows were appointed to attend the June 13, 1988 Council meeting. ADJOOR]IT lltOO P.M. The Planning Commission meeting adjourned at 11:00 P.M. f