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HomeMy WebLinkAbout04-20-1987 Planning MinutesmaoTBS OP pumaG comassioB inaG HELD APRIL 20. 1987 ATTBHDAIICB 7s01 P.N The Orono Planning Commission met cn the above date with the following members present; Chairman Kelley. Taylor, Hanson, Johnson, and Brown. Cohen arrived at 7:26 P.M. Bellows was absent. The following represented the City staff: Building i Zoning Administrator Mabusth, Assistant Planning ( Zoning Administrator Gaffron, and City Recorder Peterson. CounciImember Sime was also present. #1127 RICHARD B. BROHM/RICBARD IStICKSQR 1245/1295 SIXTH AVBKIB HORTH SOBDIVISIOH * CLASS I PUBLIC HBARIHG 7:34-7:46 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for a lot line rev’irrangement involving a property trade to accomodate a proposed tennis court at 1245 Sixth Avenue North. Conceptually, staff has no problem with the proposed tradeoff of land because both properties are in excess of 2 acres. There is an existing septic system at 1295 Sixth Avenue North near the new lot line proposed; and a catch basin adjacent to the drainfield area which apparently flows into a tile or pipe that will likely be under the tennis court discharging via a culvert north of the Erickson driveway. Staff feels there is a potential that during wet periods, this drainage system may act as a "short circuit" by collecting and discharging partially treated septic effluent to the surface. The drainfield serving 1295 is poorly ' ated, in a low drainage basin that has no outlet othei ^nan the catch basin adjacent. If the catch basin is removed, the Erickson drainfield might revert back to a swampy area, and septic system failure might occur because of that. The catch basin is a desirable thing if the tennis court goes in, because it would help keep the area arourd the tennis court dry. Staff has some concern about the potential for Erickson's sewage to run under Brown's tennis court and out onto Brown's property. Gaffron recommended that the catch basin be relocated and regraded. He also recommended taking a drainage and utility easement. Planning Commission agreed with staff's concerns and recommendation. Mr. & Mrs. Brown were present for this matter. Mr. Brown stated that the main reason for the proposed placement of the tennis court is to avoid the excessive removal of trees. mmCYES OF THE PlAmilEG COHNISSIOH TIH6 APRIL 20, 1987 11.^1•1127 BROffH/ERlCKSOR COHTIRI No one was present Irom the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by Cohen, to recommend approval of the lot line rearrangement per staff recommendation and subject to: 1. Catch basin and drainfield being rerouted, elevations to be approved by staff. 2. Granting of appropriate 5' drainage easement. Motion, Ayes 6, Nays 0. •1128 RAIRBT ARDBRSOH 780 OLD CRYSTAL BAY ROAD PRBLIMIRARY SOBDIVISIOR - CIASS III PUBLIC HBARIBG 7:47-8:06 The Affidavit of Publication and Certificate of Mailing was noted. Applicant's agent, Gary Gabriel, was present for this matter. Assistant Zoning Administrator Gaffron reviewed the four lots involved and the proposed staged development plan. The proposal involves a four lot subdivision, of which three lots have a potential for further development. Staff suggested and applicant proposed a "phased" road development scheme that requires a short length of private road be constructed to serve this initial division, leaving a road Outlot as access for future development of the rear parcels, with road extension to be constructed at such time future development occurs. Staff recommends tabling this application pending additional information regarding the County Road access location and septic testing. Chairman Kelley voiced concerns regarding "piecemeal" or staged" development. Johnson asked what the intended purpose of Outlot C was. Assistant Zoning Administrator Gaffron stated it could be used as a buffer from 790 Old Crystal Bay Road or be sold to that property owner for additional property. Chairman Kelley felt a more concrete proposal was needed before considering a subdivision. Planning Commission concurred. Dennis Kumlin, 2625 Fox Street, was present for this matter and had no comments at this point. It was moved by Chairman Kelley, seconded by Cohen, to table this matter per staff recommendation pending additional information. Motion, Ayes 6, Nays 0. fOMuns OP rm wumim comassim liigfiBG apru . 20, 1987 #1133 BBTTT MIBBR 3830/3880 BAYSIDB ROAD SUBDIVISlOH - CLASS I PUBLIC HBARIBG 8:20-8:29 The Affidavit of Publication and Certificate of Mailing was noted. Betty Miner and her agent, Larry Langhans, were present for this matter. Zoning Administrator Mabusth explained that applicant plans to sell each of the three developed parcels. Parcel C (old farm house lot) will be divided into 2 lots, the dry buildable lands along the Luce Line located within the RR-IA will be divided off from the farm house lot. Prior to selling Parcel A (the homestead), applicant wishes to increase the severly restricted 1-1/2 acre site (3/4 acre dry) by adding approximately 4 acres from Parcel B, which will then provide 1.5 acres dry conticuous land. Staff is concerned with the location of structures and other improvements within Parcel A that appear to encroach into Parcel C. Staff recommends that Planning Commission table this application pending a survey locating structures and well location. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending additional Information of house and well locations. Motion, Ayes 6, Nays 0. #1138 DICK HASSEL 840 HUBT FARM ROAD SUBOIVISIOR - CLASS II PUBLIC HBARIBG 8:30-8:32 The Affidavit of Publication and Certificate of Mailing was noted. Richard Hassel was present for this matter. Zoning Administrator Mabusth explained the proposed replat to redesignate Outlot D as a huildable pad within the existing PRD of 9 units. Mabusth noted that septic testing has been submitted and found suitable. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by Taylor, to recommend approval of the Huntington Farm Subdivision replat as proposed per staff recommendation. Motion, Ayes 6, Nays 0. ■ .t »■ I tufntfi MJMUTBS OF THE PUUmlHG CCmiSSlOfl :ih:TIMG HELD APRIL 20, 1987 #1103 HONARD BISBMGBR 3245 MATSATA BOULEVARD COEDITIOHAL USE PERMIT SBCOHD RBVIEIf Howard Eisenger was present for this matter along with John Cannon of Park Construction. Zoning Administrator Mabusth explained that this application was tabled at the February meeting pending review by these agencies: DNR, M.P.C.A., Hennepin Conservation District, Hennepin County Department of Environment and Energy, and M.C.W.D. All but the DNR has provided guidelines or assistance for tiie City if the permit is approved. The M.C.W.D. will require a permit but will not issue the permit until the City formally acts. Mabusth nored that Park Construction has now expanded the conditional use permit from 150,000 to 200,000 cubic yard of fill - originally filed at 80,000 to 100,000 cubic yards. Final grades show fill at 8 to 10’ depths. She also noted that the applicant is aware that no agricultural use of the property shall be allowed. Chairman Kelley asked approximately how many truckloads would be needed for this amount of fill. Zoning Administrator Mabusth stated approximately 20,000 dump truck load for 200,000 cubic yards of fill. Chairman Kelley asked applicant what his anticipated use of this property is after the fill project is completed. Mr. Eisenger stated that it would be used as green open area and that he is aware that the property cannot be used for the development of homes or agricultural purposes. Chairman Kelley felt that it was too much fill, and suggested only enough fill to level the area off. He also felt the 1989 project time frame was too long. He asked if 80,000 - 100,000 cubic yards of fill were approved, could it be accomplished within one year. He also expressed concern regarding regular clean~up maintenance (daily, weekly). John Cannon stated that it could possibly be accomplished by late June 1988 and that they are required to provide daily clean-up. He also noted that this is "clean" fill and would not be practical to anticipate removal of the fill at a later date. 1 MIHUTBS OP THE PLMffilHG COnUSSIOH MEETIH6 BBIJ) APRIL 20, 1987 #1103 BISBHGKR COHTIRI Hanson stated that after considerable thought, he felt that he finds no harm to allowing 80,000 - 200,000 cubic yards of fill. Although it may be an acceptable use at this point in time, he felt that the City is not capable of planning such a project on such a long term use. Johnson felt that based on the five agencies recommendations in addition to the City Engineers recommendation, 80,000 to 100,000 cubic feet of fill was acceptable therefore should be allowed with a progress review after one year prior to anymore fill being allowed. He also noted the City Engineer's concerns that too much fill on the site might force organic materials to move out. Planning Commission agreed with Johnson's compromising approach . It was moved by Johnson, seconded by Taylor, to recommend approval of the conditional use permit for 80,000 - 100,000 cubic yards of fill subject to staff's recommendations and: a) review of the project in one year for consideration of additional fill b) specific cleanup mcjasures taken Motion, Ayes 5, Nays 0. (Cohen was not present for this review.) #1109 CURTIS L. JOmiSOR 2024 SHADTNOOD ROAD VARIARCBS CORTimiATIOH OF PUBLIC HEARING 8:07-8:20 Curtis L. Johnson and Pam Willette were present for this matter. Assistant Zoning Administrator Gaffron briefly reviewed the request for lot area/lot width, hardcover, side setback, and average lakeshore setback variances to a) lift house; b) put a new foundation under it, certer it on the lot, but further lakeward to coincide with neighboring houses; c) put a second story on it, parts of which would be in side yard setback. Planning Commission unanimously agreed that the only variance of concern was the average lakeshore setback. Pam Willette noted that the neighbors have no objection to their proposal. No one was present from the public regarding this matter and the public hearing was closed. MIHOTBS OP THE PIAHIIlliG COMMISSIOHI TING HELD APRIL 20, 1007 II .<<1illOO JOHRSOH CQHTIR1 It wae moved by Chairman Kelley# seconded by Johnson# to recommend approval of the lot area/lot width# hardcover# and side setback variances; and: a) Average house lakeshore setback must be adhered to if a second story deck is built; b) Average deck lakeshore setback must be adhered to if a first story deck is built. Motion# Ayes 6# Nays 0. illl5/#1116 PAUL BOTKB 795 RORTH FKRRDALR ROAD VACATIOR AID SUBDIVISIOH COBTimiATIOH OP PUBLIC HBARIRG 7:24-7:29 This application was tabled at the March meeting pending additional information. Assistant Zoning Administrator Gaffron reviewed the topographic survey of the site indicating that the driveway can be located as originally proposed with only minor excavation of fill required. Assistant Zoning Administrator Gaffron reviewed staff's recommendations. Planning Commission member Bellows relayed to staff her concern regarding the tightness in relation to the garage along north boundary# and the possible need for a retaining wall to be addressed in her absence. Assistant Zoning Administrator Gaffron stated t'*e he did not feel the need for a retaining wall# given the additional information presented. Paul Boyke was present and submitted photos of the proposed driveway location# noting that it would not affect any neighbors. Applicant's photos ultimately addressed Bellows' concerns. Regarding the lake access issue# Mr. Boyke stated he would rather handle this as a private issue between the homeowners. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley# seconded by Taylor# to recommend approval of the vacation of drainage & utility easement and subdivision plat as proposed subject to staff recommendation. Motion# Ayes 6# Nays 0. 'i,1 NiaOTBS OP THE PUamiHG COMMISSIOH lll£¥lllG HELD JIPfaL 20, 1987 #1119 W. DUBCAN MadULLMI 1700 FOX STREET CXJMDITIOBAL OSB PERMIT SBCOMD REVIEW Present for this matter were: R. James McNulty, President of McNulty Construction Co.; Edward Hasek, Site Planner from Dahlgren & Shardlow; Todd Andrews, applicants Attorney; W. Duncan MacMillan and other family members. Assistant Zoning Administrator Gaffron explained the request for 1) conditional use permit to allow a caretakers house to be constructed on the same lot as the principal residence; 2) variance to allow construction of recreation/tennis court facility (accessory structure). This application was tabled at the March meeting in order for staff and applicant to adress the issues of concern relating to the degree of variance requested (1500% variance), the potential future use of the structure and methods to control or limit such use, and site planning considerations (septic location in relation to driveway, screening). Chairman Kelley noted the concern for a "hardship". proven Assistant Zoning Administrator Gaffron noted that in a legal opinion provided by City Attorney Blatz,she concludes that a variance denial based on whether there is a part-time or full-time utilization of the property is not a legal basis, and the Planning Commission and Council should review the proposal in relation to the degree of variance requested and the hardships presented as justification for the variance. I Mr. McNulty explained the proposed covenant which the applicants intend to have filed in the chain of title in order to assure the City that no commercial or corporate use of the tennis court facility is intended or if the the property were ever sold or subdivided, the tennis court facility would be bound with the main residence parcel. He further explained that due to the soil and water table, there is a hardship involved which dictates the placement of the tennis court. He showed renderings of the proposed year around screening in attempt to minimize the impact on the neighborhood. He noted that they have met with all the surrounding neighbors (except one) who have all indicated support of the proposal. Mr. Hasek explained in detail the natural year around screening to be provided. MINUTES OP THE PUynilHG COMMISSIOH TING HELD APRIL 20, 1987 #1119 HacMTLT^W CONTINUED Chairman Kelley read into the record a letter submitted by the applicants, MacMi1lan/Craigbank, outlining several areas of hardship which apply to their application for variance. Mr. 6 Mrs. William Waldron, 1880 Fox Street, stated they felt confident that the MacMillans would fulfill their plan as proposed and they are in favor of the plan. Taylor stated that a large area of the square footage is for the tennis court, which is a permitted use. He noted applicants extreme efforts to preserve the integrity of the neighborhood. However, he felt the nature of the hardship, protecting the safety and well being of the applicants, was not an acceptable leqitimate hardship in the context of many of the other hardship type issues the Planning Commission must deal with. He stated that he could recommend approval only if a unique hardsh..p to this particular circumstance was established in order to prevent precedent setting. Cohen was concerned with the size of exception, setting a precedent, and finding a real hardship. Brown felt that the positive aspects should be focused on rather than hardships. Hanson felt the proposal was justified. Chairmain Kelley stated that his biggest concern was the future generation use. Assistant Zoning Administrator Gaffron noted Bellows expressed the following concerns and/or suggestions: “front yard location concern “driveway access should be closer/tied in more with the main residence “Concerned with the size and possibly reducing the number of functions in the tennis court facility It was m /ed by Hanson, seconded by Johnson, to conceptually recommend approval of variances and conditional use permit for the tennis court facility and caretaker residence as proposed subject to: a) Builder and owner to work with staff on the final road and septic locations. b) City Attorney to review and approve proposed covenants, and covenants filed before the building permit is issued. Motion, Ayes 3, Nays 3. Motion resulted in a split vote. Kelley, Taylor, and Cohen voted nay. 8 it k MIMOTBS OP THE PUymiHG CQMMISSlOil BTIHG HELD APRIL 20, 1987 #1124 JIM ft ROTHAMRE LAMGE 4100 POREST LAKE DRIVE VARIAMCE PUBLIC HBARIHG 8:33>8:38 The Affidavit of Publication and Certificate of Mailing was noted. Jim Lange was present for this matter. 4 I Assistant Zoning Administrator Gaffron explained the request for a lot area variance to build on substandard vacant Lot 4 Block 1 Forest Arms Country Club Addition. Staff recommends approval based on the lot area variances for vacant separate lots in the LR-IB district which have been consistently approved over the past 5 years. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval of the lot area variance as proposed subject to staffs conditions #1-8 as outlined. Motion, Ayes 6, Nays 0. #1125 CHARLES B. REID 1400 BALDUR PARK ROAD VARIANCES PUBLIC HEARING 9:34-9:56 The Affidavit of Publication and Certificate of Mailing was noted. Charles Peid was present for this matter Assistant Zoning Administrator Gaffron explained the request for side setback variance and hardcover variance to addition of living space and attached tuck-under 2- car garage as follows: a) Side setback variance - addition will range from 7' to 10' from lot line which is less encroachment than the existing house (4' to /' from lot line) b) Hardcover variance in 75-250' zone- Existing hardcover = 36.2% Proposed hardcover * 42.7% (500 s.f.) Of the proposed 500 s.f., 360 s.f. is on a slope which already drains to hardcover area. Gaffron explained that the current proposal does not include a backup pad for driveway, which staff feels is not necessary. The only hardcover that could possibly be removed is the sidewalk along the existing house which would decrease the proposed 42.7% hardcover to 41.5%. Another option to decrease hardcover would be to •• ■ J MIHUTBS OF THB PIAHHIliC C SSIOH ilBBTlHG HELD APRIL 20, 1987 #1125 RBID COMTIHUED cut down the size of the addition and construct a detached garage near the road , which potentially would decrease 75-250' hardcover below 40%. Gaffron reviewed previous approved Baldur Park hardcover variance applications which ranged from 30% to 40%. Johnson felt that the proposal which results in doubling the square footage of house is too extreme. Brown felt that the hardcover should remain consistent with the previous approved hardcover variances of 30% - 40%. Chairman Kelley felt the hardcover variance was excessive and should be reduced. He agreed that a detached/attached garage was a practical request for the property. Cohen felt hardcover should be reduced to under 40%. Hanson felt less hardcover could be architecturally achieved. Taylor also felt the hardcover should be reduced below 40%. Mr. Reid felt his request was comparable and in line with other approved requests. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval of the side setback variance and hardcover variance of "les' than" 40%. Motion, Ayes 6, Nays 0. #1126 ROBERT GBHRNAN 4300 SIXTH AVENUE NORTH VARIANCES PUBLIC HEARING 9:56-10:05 The Affidavit of Publication and Certificate of Mailing was noted. Robert Gehrman was present for this matter. Zoning Admini^’trator Mabusth explained the request for a 21.4' side setback variance for a family room addition and decj.. Applicant’s property is located in the 5-acre district requiring 50' side setback. Staff suggested the possibility of locating the deck on the southwest corner in order to reduce variance request. i MIMUTBS OP THE PIAimiHG CONNISSIOil : 1:4:TIHG HELD APRIL 20, 1987 #1126 G1 Ji COHTIHUBD Robert Gchrman was present for this natter and stated that the proposed location of the deck would be less obtrusive to neighbors than if relocated on the southwest . No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Chairmain Kelley, to recommend approval of the side setback variance as proposed subject to applicant put on notice that no additional variances will be granted on the west side. Motion, Ayes 6, Nays 0. 11129 TODD NATBRS 3061 CASCO POINT ROAD VARIANCES PUBLIC HEARING 10:06-10:26 The Affidavit of Publication and Certificate of Mailing was noced. Assistant Zoning Administrator Gaffron explained applicants requests for variances involved in demolishing the existing residence and build a new residence expanding the existing foundation. Variances requested as follows: a) Hardcover 0-75' - existing = 7.1% proposed = 12.3% (variance of 12.3%) b) Hardcover 75-250' - existing = 28.1% proposed = JO.4% (variance of 5.4%) c) Lake setback - existing = 50' proposed = 54' (variance of 21') Additions in 0-75' zone consist solely of deck. Average lakeshore setback encroachment of existing house is about 46'. The proposed porch also has about 46' encroachment, but would result in about a 10 degree reduction in views from the southerly property house that is back about 160' from the lakeshore. Applicant is also requesting to relocate sewer line that currenly bisects the property. The Public Works Coordinator and City Engineer have reviewed the proposed relocation and both agree that it is feasible to relocate line. The work v/ill be done privately at applicant's expense. Mr. fit Mrs. Todd Waters were present for this matter and showed renderings of their proposal. Mr. Waters stated that the hardship was the small existing 2-bedroom hv *se. * . 1 « MIVDTBS OF THE PIAIOflMG COHHlSSlOil NG HELD APRIL 20, 1987 #1129 HATERS COHTIH U ^ • Chairman Kelley read into the record a letter of non­ objection from neighbor# Curtis Englund 3095 Casco Point Road. , I Taylor and Hanson were agreeable with the proposal stating decks could be designed as non-hardcover. Assistant Zoning Administrator Gaffron stated that deck have been consistently been considered hardcover with exception of 2 or 3 individual cases. Chairman Kelley felt the 0-75’ hardcover was excessive. Planning Commission suggested that the entire house be moved back 8* (the most it could possibly be moved back due to topography) which would reduce amount of 0-75' hardcover to 5.5%. Two adjacent neighbors were present and voice no objection to the proposal. There were no other corojnents from the public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval of the following: a) Hardcover 0-75' “ 5.5% Hardcover 75-250’ * 33.12% (by way of moving house back 8* from original proposal) b) Average lakeshore setback variance c) Relocating sewer line as proposed Motion, Ayes 6, Nays 0. #1130 KEH & RENEE BGGERT 1371 REST POINT ROAD P^LI?^HBARING 10:26-10:28 f mThe Affidavit of Publication and Certificate of Mailing, was noted. Renee Eggert was present for this matter. Applicants seek a renewal of lot area/lot width variances previously granted to Mr. Langhans in 1982. Applicants are purchasing this property from Mr. Langhans. Planning Commission voiced no concerns regarding this application. I I i ! ! r- L MiaUTBS OP TEE PIAHMIMG COMMISSIOH ETING HELD APRIL 20, 1907 *1130 BG6BRT COHTItf • I No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kel ley, seconded by Hanson, to recommend approval of the lot area/lot width variances as proposed per staff recommendation. Motion, Ayes 6, Nays 0. #1131 GOBBTHBR MORLTIRG 10€0 TOnUUfA ROAD COHDITIOHAL DSB PBRMITAARIAHCB PUBLIC BBARIHG 10:29-10:31 The Affidavit of Publication and Certificate of Mailing was noted. Present for this matter were Guenther and Gertrud Noelting and their agent, Neil Weber. Zoning Administrator Mabusth noted a petition signed by many of the neighbors in support of the application. She further explained that the applicants installed a permanent dock with pilings in 1984 which was destroyed with ice break up of last season. The Noeltings wish to build a new permanent dock that is anchored or tied into the adjacent lake bank. The process of installing the three 24' length ties into the bank requires excavation within 75 feet of the lakeshore. The code requires a conditional use permit/variance permit for such a dock. Johnson voiced concern with proper erosion controls due to the extensive excavation. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to recommend approval of the conditional use permit/variance per staff recommendation and subject to restoration of the property back to original state and preventative erosion controls. Motion, Ayes 6, Nays 0. #1132 •:#:i IGLAS BDMGARDNBR 3800 WBST WAYSATA BOULEVARD CONDITIOHAL DSB PERMIT PUBLIC HEARING 10:31-10:40 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth stated that applicant plans to purchase and operate the market at 3800 Wayzata Boulevard. The subject property is located at the most western border of the current Highway 12 corridor study. H MIITOTES OF THE PUUniING COMMISSI • ). ■.K'4;TIHG HELD APRIL 20, 1987 #1132 BiniGARDSER COMTIW an area designated for no change with no extension of municipal services. The property remains a legal non- conforming use subject tc the conditions of operation and use level set forth in previously approved resolutions. Mabusth reviewed the applicants list of "immediate changes" which appear to be routine. Regarding "long term ideas", applicant proposes the deli use and some rearrangement of areas within the existing structure providing 90 s.f. of additional commercial/retail floor area. Douglas Bumgardner was present for this matter and noted he plans no major changes. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Johnson, seconded by Hanson, to recommend approval of the deli use and reconstruction resulting in an increase retail floor area of approximately 90 s.f. with the transfer of the permit to the new owner/operator, and direct staff to draft the appropriate findings. Motion, Ayes 6, Nays 0. #1134 PAUL BASZUCKI 250 WAKEFIELD ROAD COWDITIOHAL OSB PERMIT PUBLIC HEARING 10:41-10:46 The Affidavit of Publication and Certificate of Mailing was noted . Paul Baszucki was present for this matter. Assistant Zoning Administrator Gaffron explained the request to excavate/clean out an existing low basin area adjacent to the Luce Line to create an aesthetically pleasing pond requiring a conditional use permit. DNR has approved the project and City Engineer Cook has visited the site and recommends approval finding that the project will have no detrimental watershed impact and will be a benefit to ti»e area. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Chairman Kelley, to recommend approval per staffs recommended conditions and adding the following condition: “Maintenance work shall be permitted with staff approval. Motion, Ayes 6, Nays 0. i tSUi im ■4 J MIHUTES OF THE PIANNIHG C [ISSlOn MEETING HELD APRIL 20, 1967 #1135 ROBERT HAHHIN6 JR. 4220 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT PUBLIC HEARING 10:47-11:03 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit for fill along sixth Avenue North to create a berm for noise control. The request involves approximately 13,800 cubic yards of fill, average depth of fill above existing grade approximately 17', average height of fill above crown of road 11', proposed sideslopes 1:1. Upon the staff and City Engineers recommendation, applicant has revised his proposal to avoid the wetland by berming parallel to the wetland. Mr. & Mrs. Robert Hanning were present. Mrs. Hanning stated that the adjacent property owners have not voiced any objection to the proposal. She stated that based on discussion with various government agencies, an earth berm is most effective for noise control, and because their house is on a hill, they would need a berm of substantial height to be effective. Chairman Kelley stated that in a similar application, 6' height above the crown of the road was the maximum allowed. The 6' height was determined in relation to the maximum fence height allowed on the lot line. If extra height is needed, plantings could be added. He felt they should stay within that guideline. Regarding the proposed 1:1 slope. Assistant Zoning Administrator Gaffron explained that this steep of slope probably could not be mowed/maintained. City Engineer Cook recommended a 2:1 or 3:1 slope. He also noted that east of this property the natural grade height is approximately 8' above road crown. Cohen agreed with the 6' maximum height to be allowed. Johnson felt an earth berm should not be compared to a fence. Bellows indicated to staff that she felt Che berm should be limited to 6' above road crown with natural screening. Mr. Hanning stated that an 11' berm at 2:1/3:1 slope would create a 100 foot wide berm. He also stated that a 6' high berm would not accomplish the needed noise control. i 1 1 I I t} MIMOTBS OP THB PUUnilMG O LISSIOH MBBTIHG HELD APRIL 20, 1987 II I#1135 HAmiHG COHTIHI No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to recommend approval of a 6’ high berm at a 2:1 slope ratio and subject to staffs recommendations. Motion, Ayes 3, Nays 3. Motion resulted in a split vote. Johnson and Taylor voted nay stating they would approve a higher berm. Hanson voted nay stating he felt it would be a mistake to construct the berm and would lower the property value. #1137 HARC FRITZLBR i DBSYL PB^RSOM 4385 CHIPPBHA LAMB VARIAHCB PUBLIC HEARING 11:07-11:08 The Affidavit of Publication and Certificate of Mailing was noted. Desyl Peterson was present for this matter. Zoning Administrator Mabusth explained the proposal for major rehabilitation of existing house in addition to partial second story addition, attached garage and porch to rear of house. The existing house was placed on property prior to RR-IA zoning standards and is located entirely within the required 100' setback yard of the 5.5 acre parcel. Variances sought for new construction as follows: a) Second story addition- Required = 100' Existing 40.2' Variance = 59.8' or 59% b) Porch Addition- Required = 100' Proposed = 75' Variance =25' or 25% c) Garage Addition (Attached)- Required = 100' Proposed = 65' Variance = 35' or 35% Staff has received no negative comments from neighbors. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend approval of the proposal as submitted. Motion, Ayes 6, Nays 0. % 4 ■iSs 1 MIHUTBS OP TBB PLMnilHG COMMISSION APPROVAL OP MIHUTBS TING HELD APRIL 20, 1987 It was movec’ by Hanson, seconded by Chairman Kelley# to approve the Minutes of the March 16# 1987 Planning Commission meeting as submitted. PLANNING COMMISSION RBPRBSBNTATIVB Taylor was appointed to attend the May 11# 1987 Council meeting. T 11:09 The Planning Commission meeting adjourned at 11:09 P.M.