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HomeMy WebLinkAbout01-20-1987 Planning MinutesMINUTES OP THE PLANNING COHMISSIOH :ia:^X8G HELD JANUARY 20, 1987 ILTTEilDANCB 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Bellows, Hanson, and Taylor. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson, CounciImember Peterson was also present. #1097 VAN EBCKHOOT BUILDING CORPORATION/ MR. i MRS. ROGER PLANK/GART RODERICK CONSTRUCTION 2020 ft 2080 SALEM COURT VACATION OP DRAINAGE AND UTILITY EASEMENT PUBLIC HEARING 7:30 - 7:38 The Affidavit of Publication and Certificate of Mai lino was noted. Gary Roderick was present for this matter. Assistant Zoning Administrator Gaffron explained that the applicants are property owners involved in the VanEeckhout lot line rearrangement recently granted final approval by Council, That lot line rearrangement did not vacate easements existing along the old lot lines, and those old easements are no longer appropriate and act only as a hindrance in development of the properties. This application is to vacate those easements and provide new, appropriately located easements per the new lot lines. Gaffron reviewed the location of proposed easements. No one wa- -resent from the public regarding this matter and the p ic hearing was closed. Bellows asked whether there would be a problem with access over the newly created easement. Assistant Zoning Administrator Gaffron stated access is an issue that should be addressed and resolved between the property owners. Bellows recommended that the arrangement be recorded with the deeds. Chairman Kelley felt that the utilities should be removed from 2020 Salem Court in order to provide proper placement of the house. Taylor agreed with Chairman Kelley's recommendation. Hanson accepted Chairman Kelley's recommendation however preferred not making it a condition of approval. 1 U i I -XT. r.TTTT.’n ,*• -r-*. h MIIU^ OF fm FLAimiHG COWaSSlOH MBBTIBG HELD JaHUaR? 20» 1987 #1097 VAN BBCKHOUT BLDG. CORP. CONTIHUED Planning Commission felt the cost involved should be the applicant's responsibility. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval of the lot line rearrangement at 2020/2080 Salem Court, vacation of drainage and utility easement and creation of new drainage and utility easement along the property line as proposed, further with the condition that the current utilities on 2020 Salem Court serving 2080 Salem Court be relocated within the property they serve. Motion, Ayes 4, Nays 0. #1096 J. VOGT AMD H. BILBBLIHK 95/175 WATERTOWN ROAD SUBDIVISION PUBLIC BEARING 7:45 ~ 8:04 The Affidavit of Publication and Certificate of Mailing was noted. Mike Hilbelink and John Vogt were present for this matter. Zoning Administrator Mabusth explained the proposed subdivision involves the replat of Lots 2 and 3 Peterman Addition which was approved by the City 11/10/86. The new proposal involves the creation of 4 additional lots with total development at 6 lots. Each lot satisfies the area and width standards. There are no existing structures on the property. She noted that drainage is an important issue in this matter. She noted that City Engineer Cook recommends that a drainage ditch be installed along the west lot lines of Lots 1 and 2 in order to prevent drainage from east to drain into adjacent property. Cook asks that the drainage ditch be defined along Lots 1 and 2 prior to lot development and that as lots to the north are developed any drainage to west be channeled to drainage ditch along west lot lines. She noted that all the lots meet the standards and are suitable for primary and alternate on-site septic systems. Bill Wear stated that he felt the entire drainage ditch should be constructed at this time. Mr. Hilbelink felt that the development of the lots v/ould not affect the drainage pattern that has existed for many years. Joe Sawchuk stated he felt the drainage should be designed for the future and carried out along the entire subdivision. MIMOTBS or THE PIAHNIMG COMMISSION TING HELD JANUARY 20, 1987 11096 VOGT/HILBBLIHK CONTINUED Mr. Vogt suggested that an agreement be made to review the drainage on Lots 3 & 4 after Lots 1 & 2 are develop ad. 1 There were no other comments from the public and the public hearing was closed. Bellows asked how this private road relates to future development to the north. Zoning Administrator Mabusth stated that problems with soils and high water tables financially prohibit the subdivision of northern property into 2 acre lots at current rural standards. Bellows stated that she felt the road easement continuing to the north should be taken at this point. Taylor stated he felt comfortable with the staff recommendation as presented subject to following the recommendation by the City Engineer regarding the extension of the drainage ditch. Hanson agreed with following the City Engineer's recommendation. Mr. Hilbelink raised the issue of the road being 24* wide. The applicants felt this width was unnecessary for the purpose of serving 6 homes. They would like to reduce the width to 16*. Zoning Administrator Mabusth stated that 24' is the City standard set specifically for "private" roads at a 6 lot level. She recommended that the applicants put forth their desire for a 16' r'^ad in writing to be submitted to the Council. It was moved by Taylor, seconded by Hanson, to recommend approval of the preliminary plat, Peterman 2nd Addition, per staff recommendation subject to the westerly drainage »Jitch being installed as recommended by the C:* ty Engineer. In addition, Planning Commission i*^commends that the private road be 24' wide. Motion, Ayes 3, Nays 1. Bellows voted nay stating that she believes the private road should be designated with an extension to north lot line at this time. '1 MINUTES OP THE PIAHHIHG COMMISSION MEETING HELD JANUARy 20t 1082 ZONING AMENDMENT PUBLIC HEARING 9:23-9534/10:34-10:52 The Affidavit of Publication and Certificate of Mailing was noted. Douglas Klint, was present representing the owner of Deering Island, Paul Scherber. Zoning Administrator Mabusth noted that notices were sent only to property owners within the RS District* She explained that there is an inventory of every property involved and that the changes consist mainly of a "housekeeping" nature (updating the facts on each property). Zoning Administrator Mabusth explained that staff received a letter from Doug Klint indicating concern regarding any reclassification of Deering Island to that of a substandard non-conforming lot. She noted that the amendment as proposed would still classify Deering Island as a conforming record lot and that the change merely involves the area factual finding for the island from 6.5 acres to 2.5 acres. Mabusth stated she wouId consult with the City Attorney on this matter and that maybe the record lot classification should also be changed. Pending resolution of Mr.Flint's issues stated in his letter, Zoning Administrator Mabusth recommended tabling the RS District portion of the zoning amendment at this time. Mr. Robb, a Big Island property owner, was present stating he did not understand the amendment. Zoning Administrator Mabusth explained the change involving his property to Mr. Robb. It was moved by Chairman Kelley, seconded by Bellows, to table the RS District (Deering Island) portion of the zoning amendment as recommended by staff, but to approve the liquor store use and public service structure amendment as proposed by staff. Motion, Ayes 4, Nays 0. Zoning Administrator Mabusth continued to review other pertinent sections of the proposed amendment which included parking lot use within a residential zone. Recommendations for the parking lot use included use of a 3' high sign to reduce obstruction instead of the allowed 8'. Bellows recommended that the parking lot be closed off to the public during the night. A natural buffer and/or privacy fencing was also recommended. 1 i If I MimiTES OP THE PIAHHIHG CQMMISSIOil BBLD JANQAltY 20, 1987 ZOmiiG Al IT COHTIHUBD Mabusth stated she would draft a formal amendment per Planning Commission’s recommendations for action at their next meeting. #1012 WAT2ATA CODMTRT CLUB 200 NAYZATA BOULEVARD CC^ITIOMAL OSB PERMIT CX>MTIHUATIOM OP PUBLIC HEARIMG Wayzata Country Club Groundskeeper » Jim Lindblad, was present for this matter. Assistant Zoning Administrator Gaffron explained this request for a conditional use permit to remove the accumulated sediments and bottom muck from a pond and ditches existing at the Wayzata Country Club. The ditches to be cleaned include approximately 300 yards in length between holes 10. 11^ and 12, and about 450 yards in length between holes 15 and -8. The cleaning is intended to consist of scraping the existing banks and bed and resodding to the water line. It was noted that all spoils from the pond will be removed and placed on Wayzata Country Club property in the City of Wayzata? and the ditch spoils will be used as fill adjacent to the ditch area and seeded immediately to create low berms. Gaffron noted that at the original public hearing there were no comments from the public and the reason for delay of the application was due to timing and funding for the project. Mr. Lindblad stated that the purpose of the proposal is to correct a 30 year problem of silt build-up. Curt Quady asked if this would affect Lake Minnetonka by creating a faster drainage. Assistant Zoning Administrator Gaffron explained that the effects would be inconsequential because the work to be done is high in the Lake Minnetonka watershed and discharge from this area travels through a major wetland system prior to reaching the lake. He noted that City Engineer Cook recommends approval of the project subject to spoils being immediately seeded where they are left on the site. There were no other comments from the public and the public hearing was closed. It was moved by Bellows, seconded by Hanson, recommend approval per City Engineer's recommendations. Motion, Aeys 4, Nays 0. MliiaTlS OF fici FLKHilMG CCmXSSU Tim HELD JAHUAEY 20, 1907 #1080 JOmi MCDOWELL 3750, 3820, 3830, 3060 BATSIDB ROAD ^ RB80MIMG COMTIMOATIOH OP FUB1.IC HBARIMG John McDowell and Gary Peterson Were present for this niatter. Zcning Administrator Mabusth reviewed the properties involved in the proposed rezoning, which has been aaended to include only the area of the properties located within 1,000 feet of the lakeshore; and the pccential lots that could be developed if the rezoning is approved. She stated that stafi. feels the City would benefit from the proposed rezoning because it would provide the environmental controls (i.e. hardcover) within the LR-2A zone, which they do not have in the RR- lA zone. Staff feels the City should pursue the rezoning, in the event that the applicant wishes to withdraw his application. Gary Peterson stated that after amending the request, the applicant does not really benefit by the rezoning. Mr. McDowell stated they are unsure of their direction at this time and that the only reason they are con: ^nuing to pursue this request is because the Miner's wou* i like the sale of the entire property concluded as soo. as possible. He requested that the Planning Comm:.ssion table this matter. There were no corments from the public. It w„s moved by Cliairman Kelley, seconded by Bellows, to tabli this application at this time. Motion, Ayes 4, Nays 0. 11090 ROGER N. HOLLAMDBR/JOOH HOLU^EEi: 200/250 HOLLAMDBR ROAD SUBDIVISION COHTINUUATION OF PUBLIC rJARING Prese:iT: for this matter wei e John Hollander and Mark Rurik, attorney for the Hjluur Hollander Estate. Assise.nt Zoning Administrator Gaffrcn explained that Flanni.^g Comm.lscion tabled thin item at the November meeting pending furthex* input of information and resolution of specific issues remaining from prior subdivision approvals. He reviewed the additional information on these issues as follows: J HiaUTBS OP THB PIARHING COMMISSIOM MBBTIliG HELD JANUARY 20, 1987 tlOSO HOLLANDER CONTINUED a) Regarding road easement and maintenance covenants- Applicant's attorney submitted a document that was filed in the chain of title of Outlot h, however, this document contained no signature and therefore its validity has been questioned by staff. A preliminary opinion by the Examiner of Titles indicates that since the document was accepted for filing in 1979, it is valid for those properties where at least one transfer of title has occurred without challenge to the document. In the Case of Outlot B, the indication is that the document may potentially be challenged and declared invalid, since no transfer of title has occurred. If that happened, the two lots proposed to be created from Outlot B would not be subject to the private road convenants and maintenance. Staff recommends that the property owners be required to properly file a new road easement/maintenance document. Attorney Rurik stated that they will do what is required. h r ■' ; y .. /I- :4i Ov- b) Septic testing for secondary drainfield sites on both lots has been submitted and is found to be acceptable. c) Regarding the existing garage that was to be removed as part of the original Holly Acres subdivision, applicant's attorney stated in his letter of 1/7/87 that the estate agrees to remove the garage. Regarding location of a new detached garage, staff contends that this is a "through lot" and construction of a new detached garage should require a conditional use permit. Attorney Rurik contends that these are not "through lots" because the lots are between a public and private street, not between two public streets. If the City does not interpret the ordinance as he has explained, then Lot 2 must be considered a "corner lot". Based on staff's interpretation for Lot 1, it is recommended that a condition be set that any accessory structure must maintain 50' setback from rear yard (County 6). Attorney Rurik agreed to this condition, and noted the estate does agree to removal of the existing garage on Lot 2. ■ "T MINUTES OF THB PUmim C»MISSIOH , I TING HELD JANUARY 20, 1987 #1090 HOLLANDER CONTINUED d) Regarding the accessory structure on Lot 1- there is an existing rental house. Because there is a subdivision now that would essentially create a 2 acre single family residential lot, staff recommends that this second house be removed within 6 months of final plat approval. He noted that the other option of the house remaining as a "guest" house would require lot widthy'area variances. Attorney Rurik contended that because they have a pre-existing use as a non-conforming structure (same a-' the barns) in the previous subdivision, the City cannot require its removal. However, the City can prohibit rental of the house. Assistant Zoning Administrator Gaffron stated t;hat the barns, if considered as storage structures, are a conformxng use, but the rental use of the second house on Lot 1 is a non-conforming use which would require a "use variance" if allowed to continue, while guest house use of that structure is a new conditional use that does not meet the performance standards for such a conditional use. Gaffron stated that another alternative would be removal of the plumbing from the house and use for storage only. Because staff has not discussed the legalities of the rental house with the City Attorney, Rurik stated he would discuss this issue with the City Attorney between this Planning Commission meeting and the Council meeting. Assuming the City can legally require its removal. Planning Commission felt the house should be removed. e) Regarding Lot 2- the house does not meet required front setback, requiring a variance. Planning Commission had no problem with the variance being granted. Again, Rurik contends that this is a "grandfathered" non-conforming structure. He recommended that the Planning Commission act and make their recommendatrons as they see fit, and let the legal aspects up to the Council and City Attorney. 8 ftnniTBS OF THE PIAHHING O ilSSIOM MBBTIMG HELD JANUARY 20, 1987 §1090 HOLLANl •j a:CONTINUBD f) Regarding the existing barns on Lot 2, staff previously contended that because the barns are in excess of the allowed 1000 s.f, and would be used for storage, a variance would be required for them to remain on the property. However, the City Attorney has since submitted her opinion that the barns are "non-conforming pre-existing" and that the only stipulations the City can enforce is prohibiting the housing of animals because the barns do not meet the required setbacks. He noted that staff has not made a formal hazardous building inspection of the barns, which if found t :> be in hazardous condition, would require their removal. Bellows stated that she does not feel comfortable in making a recommendation with so many unclear issues. Hanson stated he feels they need legal counsel before making a recommendation. Chairman Kelley and Taylor felt they should put legal issues aside and make their recommendations as they see fit. It was moved by Chairman Kelley, seconded by Taylor, recommend approval based on the following findings and conditions: 1. Both proposed lots are to be covered by the "Declaration of Road Easement and Declaration for Maintenance of Same". 2. The existing detached garage on Lot 2 must be removed prior to final plat approval. 3. The existing access to County 6 must be eliminated by regrading prior to final plat approval. 4. Standard drainage and utility easements shall be dedicated on the plat. 5. The existing drainage easement for wetland on Lot 1 shall be shown on the new plat. 6. The City has reviewed and accepts the proposed primary or alternate drainfield sites for primary residnece on each of Lots 1 and 2. 7. Both lots meet the 2-acre minimum lot area requirement for a single family residence. 8. Planning Commission finds that the primary existing access for Lot 1 is Hollander Road, the front lot line exceeds 200' width, therefore, no variance is required. No one was present from the public regarding this matter ^ and the public hearing was closed. ^ iiiiMfnt I . MINUTES OF THE PIANMING C ISSION MEETING HELD JANUARY 20. 1987 #1090 HOLLANDER CONTINUED 9. Lot 1 does not ineet the code requirements for a guest house, therefore, recommends removal within 6 months of final plat approval. 10. Existing house on Lot 2 requires a variance of 0.71 feet to the required 50' front yard setback. Planning Commission recommends approval of the variance. 11. Planning Commission declines to recommend removal of the existing barns on Lot 2 based on the City Attorney's opinion, but notes they should not be used for animals. 12. For Lot 1, for purposes ot placement of accessory strucutres, Hollander Road is the front lot line and County Road 6 is the rear lot line. All accessory structures shall meet the standard 10' side setback requirement and shall be subject to a 50' rear setback (County 6). 13. For Lot 2, for purposes of placement of accessory structure, a 50' setback shall be required from all lot lines abutting County Road 6 or Hollander Road, and the standard 10' setback shall be required from the lot line abutting Lot 1. Accessory structures shall be no closer to County Road 6 the the extended front line of the existing (or future) primary residence on Lot 2, and no closer to Hollander Road than the 50' setback line or no closer than the future setback of any new house constructed on the property. 14. Planning Commission recommended that a conditional use permit for accessory structures on Lots 1 and 2 is not required, except a conditional use permit should be required for accessory structures on Lot 1 if the City Attorney's opinion is that Lot 1 is a "through lot". Motion, Ayes 2, Nays 2. Bellows and Hanson voted nay. #1098 C. WAYNE LENBAVE 360 WAKEFIELD ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:35 - 9:47 The Affidavit of Publication and Certificate of Mailing Wiis noted. C. Wayne and Anita Leneave were present for this matter. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit for excavation of a decorative pond. He noted that the area proposed to be a pond is not a designated wetland but is a low area about 100' from a designated wetland easement. The pond as proposed is only a few feet from neighboring property to the south. L.—. Wz^ MIHUTBS OF THE PLAHNIIIG COMMISSION :ka :•TING HELD JANUARY 20, 1987 #1098 LI i-ci;*ii:^>AVE COMTIff_ Chr.-Stine Earls, 320 Wakefield Rd., neighbor to the south, was present and stated they are in favor of the proposal. It was noted that City Engineer Cook in general had no problem with the pond, noting that it is relatively high in the watershed above Lake Minnetonka and probable will act as a pothole to rrap nutrients rather than send them along downstream, hence perhaps be of some benefit to the watershed. There were no other comments from the public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to iceommend approval subject to the following conditions: 1. Revegetation of disturbed areas to proceed imrediately after grading is complete. 2. Granting of conservation and flowage easement over completed pond area. 3. Protection of downstream drainageways by silt fence or other means during excavation process. 4. Removal of excavation material from site. 5. Applicant has the right to perform maintenance dredging without a conditional use permit, but must obtain the required grading/land alteration permit. Motion, Ayes 4, Nays 0. #1099 CAROLTNNE A. BIBBS 2765 FOX STREET \ VARIANCE j PUBLIC HEARING 9:48-9:53 , ’ The Affidavit of Publication and Certificate of Mailing was noted . The appll~ant was not present for this matter, however. Assistant Zoning Administrator Gaffron suggested that the Planning Commission consider this request in her absence. Assistant Zoning Administrator Gaffron explained the request for a front yard setback variance to construct a two-story dock to the front of her home. A survey of the property indicates that the existing residence is only 34' from the actual right-of-way line, although the paved roadway is more than 80' away. Gaffron noted that as a result of the survey provided for this application, it was discovered that the applicant'sdrainfield io located within the platted right-of-way. This was recently installed and the location was approved by the City. Staff recommends that the drainfield be allowed to remain as-is, subject to the applicant executing a hold MIHUTBS OP fm PIAHHIHG COmiSSlOK HBBTIHG HELD JANUARY 20, 1987 #1099 BIBBS CONTINUED harmless agreement, so the City would not be liable for damage to the system if in fact the load is widened or shifted in the future. Given that the City has no plans to relocate the traveled roadway, and given that the applicants perceived front yard is actually right- of-way, staf*" recommends approval of the variance for the two-story deck. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Hanson, to recommend approval per staff recommendation except that Planning Commission recommends that a hold harmless agreement should not be required. Motion, Ayes 4, Nays 0. #1100 MICHAEL PLANK 4145 NATERTONN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:54 - 10:25 The Affidavit of Publication and Certificate of Mailing was noted. Michael Plank was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a "temporary guest house conditional use permit". Applicant wants to move a second residence onto his property containing about 16.8 dry buildable acres. He intends to locate this residence so that it will meet the required setbacks and lot area requirements for a for a future subdivision. Applicant would be subdividing now, but the subdivision could not be completed in time to meet applicant's tight time schedule for acquiring and moving the structure from its present location outside of Orono. Applicant agrees to the standard conditions allowing use of the structure only by occupant of the existing house, and that .le would escrow funds to complete the subdivision process. It was noted that septic sites have been tested and are suitable for a mound sewage treatement system near the homes!te. Joe Sawchuk, 4105 Watertown Road, adjacent property owner, voiced his concern about the applicants desired driveway access to the new residence. He feels a driveway between applicants existing house and his house will reduce the value of his property. He felt the most logical location for the driveway would be the where the existing driveway is, to serve the house to be moN^ed in and possibly a third residence. HimiTBS OP tm PIAI^IHG OMQllSSlcai ItIHG HELD JAMUAET 20, 1987 fuoo piAHK cowsm ij :•! I Mr. Plank felt there were problems with using the existing driveway. Chairman Kelley stated that Planning Commission may have no problem granting the temporary guest nouse use, but recommended that the future access bo resolved before submitting the application to Council. Staff and Planning Commission recommended that a‘ter the house is moved to the site, applicant must use access from present drive. There were no other comments and the public hearing was closed. It was moved by Hanson, seconded by Taylor, to recommend approval of the conditional use permit for a "temporary guest house ”se" for a period of 1 year per staff recommendations and subject to the following conditions: 1. Temporary permit obtained to fill in the ditch (needed for access to move house in) for a period of time set by the Public Works Coordinator. 2. Aft.er 6 months all access must be made from the existing driveway for reconstruction of new house. 3. Subdivision application proceedings be initiated within 1 year. Motion, Ayes 4, Nays 0. «1101 JAMES E. MERTBS 3237 CASCO CIRCLE REHBilAL VARIAMCE PUBLIC HEARING 10:29-10:32 The Affidavit of Publication and Certificate of Mailing was noted. Mr. 6 Mrs. Jim Mertes were present for this matter. Assistant Zoning Administrator Gaffron explained the request for renewal of lot area/lot width variances granted previously on 1/13/86. No changes are requested from the previous approval. Mr. Mertes explained that because he has been unable to sell his Shorewood residence he has not been ablr to commence construction of a new residence on Casco Circle. He anticipates that construction will begin in 1987. No one was present from the public regarding this matter and the public hearing was closed. «iiU % € ' 'n h k > ■r rv ’ ^ t- -Jr- ^ - p:^ HiauTBS OP THE plaiimiik; o USSION MEETING HELD JAM3ARY 20» 1987 #1101 tTES CONTINUED It was moved by Taylor, seconded by Chairman Kelley, to recommend approval of the variance renewal as presented. Motion, Ayes 4, Nays 0. ZONING AHEH]IT - PEEFORNAHCE STANDARDS FOR HON-RENTAL/ GUEST APARTMENTS NITHIN PRINCIPAL RESIDENCES- SECOND REVIEN Assistant Zoning Administrator Gaffron reviewed the proposed amendment per the Planning Commission's direction at their November meeting. It was moved by Chairman Felley, seconded by Bellows, to recommend approval of the zoning amendment as presented. Motion, Ayes 4, Nays 0, PLAiOiiHG COWttSSKHi REPRESENTATIVE Chairman Kelley was appointed to attend the February 9, 1987 Council meeting. APPROVAL OF MINUTES It was moved by Hanson, seconded by Chairman Kelley, to approve the Minutes of the November 17, 1986 Planning Commission meeting as submitted. Motion, Ayes 4, Nays 0, ADJOUR IT 11:00 P.M. The Planning Commission meeting adjourned at 11:00 P.M 'U." N I