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HomeMy WebLinkAbout05-18-1987 Planning MinutesMlllOYBS OF YHB FLIUnilllG COmilSSIOll , I H >tiiiG HELD MAT l8, 1987 ATTEniA»C3 7:30 F.N. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley^ Bellows, Taylor, Hanson, Cohen, Johnson, and Brown, the following represented the City staff: Building 6 Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. CounciImember Callahan was present. Mayor Grabek arrived at 8:55 P.M. #1144 J. WILLIAM CKAGG 735 FBRMDALB ROAD WORTH PRSLIMIHART SUBDIVISIOH PUBLIC HBARIH6 7:30-7:57 The Affidavit of Publication and Certificate of Mailing was noted. J. W. Cragg was present for this matter. Assistant Zoning Administrator Gaffron explained the request to subdivide a vacant 7.47 acre parcel (4.28 acres dry) into 2 lots of 2.0 plus acres each. Variances requested are: 1) Lack of frontage on public road. 2) Lot width at 50' setback from cul-de-sac (200* required); Lot 1 has 125', Lot 2 has 75*. The proposed lots are located just south of the Poyke property h received preliminary plat approval on April 27, x>u7. The Cragg subdivision application was received on April 23rd, at which time upon review of the Boyke and Cragg plat proposals, staff revised their recommendation to move the cul-de-sac outlot further west on the property in order to provide for a future cul-de-sac in a location that is appropriate for the ultimate development of Lydiard Road. Staff recommends approval of the Cragg plat be subject to dedication of the south half of that cul-de-sac outlot. Boyke has agreed to dedication of the north half of the cul-de- sac. Chairman Kelley stated that he felt it was important for the cul-de-sac for year-round road maintenance, particularly snow removal, and also emergency vehicle access. Assistant Zoning Administrator Gaffron noted that some neighbors have voiced concerns regarding the development. George Lawson, 635 N. Ferndale Rd, stated that they have an informal road maintenace agreement and would like this arrangement to continue. r- MlHUTBS OF THE PLMmiEG COMMISSIOH NBBTIH6 HlETJl NAT 18, 1987 #1144 CKAGG COHTINI Bellows felt the road is currently substandard noting her concern with the width for emergency use and that it already served too many houses (currently serves 13 houses plus 4 new proposed houses). She asked if there were any plans to upgrade the road. Mr. Lawson stated that it was the general concensus of the residents that the road remain rural in character and not be blacktopped. Bellows felt the road should be brought up to current standards. Chairman Kelley noted that the City would consider taking over a private road only after it was brought up to code. He recommended that a formal homeowners association be made to protect the existing homeowners. Dick Lyman, 715 N. Ferndale, felt the road was adequate in width for large equipment. Chairman Kelley reiterated the importance of having ah adequate road to accomodate emergency vehicles. Mr. Cragg stated that fire trucks have been down the road responding to grass fires with no problem. Zoning Administrator Mabusth explained the process for the City requiring the road to be upgraded if it were deemed a health, welfare, or safety hazard. There were no other comments from the public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Johnson, to recommend approval as revised by staff (Exhibit E) and per staff recommendation. Motion, Ayes 7, Nays 0. #1146 JQAH SffBBTSBR 845 OLD LONG LAKE ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 8:02-8:27 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth explained the proposal for a 3 lot subdivision of a nine acre homestead site. Each lot contains over 2 acres dry buildable. Based on the proposed 3 lot density, a private road must be provided to serve all three lots,for wnich the City Engineer has confirmed a satisfactory curb cut meeting all standards. Primary and alternate septic sites have been located. ■ J MIHUTBS OP THE PLMnilHO COMKISSIGH 8EBTIHG I NAT IS, 1987 #1146 SWEETSKR CONTINUED Mabusth noted that the obvious building site on lot 3 may prove to be a little tight and that Planning Conmission should consider an adjustment of the shared! lot line 10-20 feet to the east in order to improve the building envelope. 1 Regarding Lot 1, Zoning Administrator Mabustn stated that the existing structures meet all required setbacks. The existing rental unit is a non-conforming use. Two residential units are not allowed on a single lot. Mrs. Sweetser does not wish to change the status of the residence structure to a guest house but wishes to phase out or change the use to an accessory structure upon sale of her home in approximately four years. Lot 1 is platted 2 acres and could never support the guest house use. The future accessory structure will meet the required 10 feet setback from both side and rear lot lines. Joan Sweetser was present for this matter and reviewed the unique history of the property. She suggested using the existing driving access to serve the proposed new lots. Zoning Administrator Mabusth stated that using the existing driveway would not result in an efficient way to divide the property. Mrs. Sweetser asked if she could use the existing driveway for her access while she liver< there? Chairman Kelley stated he personally would oppose the use of the existing driveway feeling the City has a hard time controlling such a use after the plat is approved. Planning Commission unanimously agreed that when the access road is developed. Outlet A, and at that time the driveway access must be changed. Bellows voiced concern with approving the many conditions at this time when the actual development of the subdivision is not planned for the near future, especially regarding the use of the rental unit. Hanson asked about the septic sytems that serve the main house and rental unit. Assistant Zoning Administrator Gaffron stated that he has been unable to locate the septic system for the rental unit. 4 5 V-i M • 11 oas .a ^ r -- - - -it- - 1 NIBUTBS OP THE PLAHNIBG COMMISSIOH MBBTIHG HPTJl MAT 18, 1987 «114€• I -.1 1 .v^ .1 I IBBTSBR COMTIV Mrs. Sweetser indicated that she knew the location of the rental unit septic system. Darrell Anderson, 920 W. Wayzata Bivd., stated that his property was adjacent to the proposed Lot 2 and voiced concern with the placement of the house because of the narrowness (as explained previously by Mabusth) noting that his house was within 15 feet of the lot line. After staff and Planning Commission discussion, it was determined that the lot line adjacent to Mr. Anderson's property would be considered the back lot line requiring a 50' setback, which would place a proposed house at least 65 feet from Mr. Anderson'&. Because the 50' setback severly restricts the building envelope of Lot 2, Zoning Administrator Mabusth recommended adjusting the easterly lot line. Planning Commission unanimously felt that the rental unit use could not be left open-ended, recommending 1-2 years maximum. There were no other comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Bellows, to to recommend approval per staff recommendation and subject to: a) Lot 2 must maintain 50' side and rear setbacks which may require a lot line rearrangement between Lots 2 and 3 to conform. b) Existing driveway may be used until the plat road is developed at which time out lot A must be utilized for access to all three lots and existing driveway closed. c) Rental use may continue for a maximum of two years after final subdivision approval. After the two year time limit the plumbing in the unit must be removed. Owner must execute a deed restriction to insure the cessation of rental use. Motion, Ayes 7, Nays 0. Mrs. Sweetser requested that the term "applicant*' be changed to "owner of Lot 1". ^ \ -^wniiiHba t fi* ii r.1 I .-.-. j—j - J -11^ " mmOTBS OF THE PLMRIIHG COMMISSION \:a :-TIH6 HBU> lAY 18, 1987 #1122 BIG ISLBBD VBTBRAH'S CAMP BOAID OF GOVBRMORS BIG I8LAMD RBCORD LOT 1 OOMDITIOMAL OSB PERMIT PBASB TBRBB - COMCBPTOAL RBVIBH Because Chaiman Kelley was unable to attend the tour of Big Island, he appointed Bellows as Acting Chairman for this matter. h Present for this matter were: Alan Wisdorf, Larry Sharpe, and Joe Backes. Mr. Wisdorf listed their needs in order to establish the type of camp they want to provide for the veteran's and asked the City to rescind some of the condemnation actions and work with staff on a compromise for the non-safety related code requirements. Acting Chairman Bellows noted that the City would like to expedite this project and now that they have toured the property they are better able to deal with this project. She noted that the City must deal with the existing ordinance, specifically health and safety issues. She stated that there are currently some very serious hazardous conditions on the property. She also noted some of the special needs for camping by the vets such as accomodating the disabled, tornado shelter, and possibly providing a helicopter pad for emergencies. She recommended a summer seasonal use for this property only. She also felt the City should deal with the Board of Governors organization as if it were a developer. Mr. Wisdorf stated that their progress is currently at a standstill until the City gives them permission to proceed which was pending submittal of a master plan. Zoning Administrator Mabusth stated that at this point staff needs direction from the Planning Commission and Council on how to deal with the plan. Acting Chairman Bellows felt that staff and Board of Governor's should meet together at the site and decide which buildings are to be removed and which buildings can be reconstructed, and that no partial use of the buildings should be allowed. She also felt that the Board be required to post some form of security that this project can be completed. Mr. Wisdorf stated that he is unsure whether a bond could be posted for this project, or who could legally post it, given the unusual ownership nature of the property. 1 fUlniTBS OF THE P1AH1IIH6 COMMISSIOH i¥lH6 HELD MAIT 18, 1987 #1122 BIG ISUUID VBTBRAH'S CAMP CONTIHUKD Cohen felt that the condemnation issue should be first the first issue resolved. Brown stated that in touring the property, he felt the biggest problem involved the foundations of the buildings in which a time limit should be set to correct the problems. Mr. Wisdorf felt that there are some buildings which could be reconstructed to satisfy the health and safety issues. Mayor Grabek felt that in determining which buildings are to be removed, there will be constant conflict between staff's opinion and the Board's opinion. Planning Commission stated that the Building Inspector would make the final determination of which buildings would remain condemned and which buildings could be reconstructed with no compromise. Acting Chairman Bellows felt that Berg Hall should be removed. She also noted that the dining hall should be separated from the kitchen facilities. Regarding the boat house structure, this should be reviewed separately because of the unique situation. She also felt that the State disability regulations should be addressed in addition to emergency medical procedures. Planning Commission conceptually directed staff to meet with the Board to determine which buildings must be removed and which buildings could be reconstructed noting that the final determination will be made by the Building Inspector with no compromise. Separate building permits will be required for each building. Acting Chairman Bellows felt October 1989 would be a reasonable time limit set to complete the project. Mayor Grabek recommended that staged evaluations with deadlines be set during the two year time limit. Brown asked what could be accomplished this summer. Mr. Backes stated that they must get permission to proceed before committing themselves to a time limit. Acting Chairman Bellows stated that the Planning Commission is recommending proceeding with the project starting with review of the condemnation actions. I MIHDTBS OP THB PIAHMIHG COIOIISSIOH t| ^ , I *4 TIHG HELD MAT 18, 1987 #1122 BIG ISLAMD VBTBRAN'S CAMP COHT1M1 Mayor Grabek and CounciImember Callahan felt adamant about goals being set and met. #1128 RAIMBT AMDBRSOM 780 OLD CRTSTAL BAT ROAD PRBLIMIMART SUBDIVISION CONTINUATION OP PUBLIC HEARING Applicant's Agent/Surveyor, Gary Gabriel, was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a 4 lot residential subdivision with a private road. He reviewed the existing 4 separate tax parcels involved as follows: Parcel 1 does not have 2 acres dry contiguous land? Parcel 2 has enough dry contiguous land but contains the driveway access for existing house on Parcel 3? Parcel 3 contains existing house, but its septic system is on Parcel 4; and Parcel 4 contains over 6 acres for a future potential 3 lot split but would be landlocked if sold off separately from Parcel 3. Based on these facts, the creation of 4 more-suitable parcels are proposed, three of which have a potential for further development. Staff recommends 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. The proposed access over the existing driveway just meets the sight distance required for a 30 roph road but does not meet the required sight distance standard for a 35 mph road. Due to concern that traffic on Old Crystal Bay Road averages 35-40 mph at this site (despite the posted 30 mph speed limit), Hennepin County recommends that the access be located directly across from Farview Lane. Another alternative access location would be at the south line of the property next to the Blair residence at 790 Old Crystal Bay Road, but would end up with a roadway right next to the Blair residence. Jan Blair, 790 Old Crystal Bay Road, was present and stated they were opposed to the access next to their property noting that their house is only about 10 feet from the side property line. At this point, staff recommends approval of the access as proposed but suggests that the City Attorney research the City's liabilities prior to Council preliminary plat approval. MIHUTBS OP THB PLAmiHG COHMISSIOH \Aj TIHG HELD MKt 18t 1987 #1128 AHDBRSOH CXHTTIH_ Bellows stated she was opposed to approving the proposed access creating a potential traffic hazard. Johnson felt that the required sight distances were somewhat conservative and therefore the proposed access would be acceptable to him. It was noted that there have been no cited accidents at that driveway intersection. Cohen, Kelley, and Hanson agreed with Bellows feeling it was not a good access location to serve a subdivision. Chairman Kelley suggested the access be located about 45' south of the proposed location with adequate natural screening from the Blair residence. Bellows noted the issue of trying to line up new roads. Regarding future access to the north, it was recommended by the City Engineer that a corridor for a future connection be along the plat of Foxwood by taking a 25* strip either side of the line between the two plats. Dennis Kumlin, who is completing the Foxwood plat, was present and stated his concern that a road corridor connecting the two plats would have a highly detrimental effect on the character of his property as well as the value and security of the property and he is definitely opposed to the corridor, noting that he has already received preliminary plat approval without such a corridor. Bellows noted that taking a 25' strip from the Kumlin property would create a substandard lot, and suggested that the entire 50' outlot be taken from the current applicant's property. Johnson felt that the Foxwood plat should contribute to the outlot. Hanson felt that the outlot was unnecessary In response to Chairman Kelley's question. Assistant Zoning Administrator Gaffron stated that adequate septic sites have been located tor mound systems on the new proposed lots. No testing has been done for an alternate septic site on Lot 1 (existing house) but based on the information from the other sites, it is likely that a mound site is available. Assistant Zoning Administrator Gaffron explained proposed cul-de-sac easements. 8 'i MISHTBS OF THB PLUHHIliG C [•yj:USSIOH MKKTING HELD ilAT 18, 1987 . I' K ■ ••R §1128 JWBRSOV COMTIH1 Mr, Kumlin voiced his concern with having a platted outlet on two sides of his proeprty. There were no other comments from the public and the public hearing was closed. Motion 1 - It was moved by Chairman Kelley, seconded by Johnson, to recommend preliminary plat approval subject to: 1. Access location must be directly across from Parview Lane - Lot 1, Block 1 to be revised, Outlot C to be eliminated. 2. Dedication of 50' along east side of Lot 2, Block 1 for future roadway purposes. 3. Approval of the concept of staging the road construction as described in Item II A of the memo of 4/16/87, using road and utilities easements for the temporary cul-de-sacs. 4. Approval of a variance to allow cul-de-sac length of 1,100', a variance of 100'. 5. Standard road and utility easements, private road agreement, etc. including requirements/thresholds for staging of road construction to be filed with final plat. 6. Require additional testing for alternate septic site for existing house, prior to Council preliminary plat approval. 7. Conservation and flowage easements to be dedicated over the two major wetlands and over the low area along the northwest end of Lot 2, Block 2. 8. Payment of standard park fees. Motion, Ayes 3, Nays 4. Motion fails. Motion 2 - It was moved by Taylor, seconded by Hanson, to recommend preliminary plat approval subject to: 1. Access location to be at existing driveway entrance as proposed by applicant. 2. 20' drainage and utility easement along northeast and east line of Outlot C. All outside perimeter lot line drainage easements to be 10' wide. 3. Outlot C designated as unbuildable for sale only to 790 Old Crystal Bay Road or make it part of Lot 1, Block 2. 4. Conditions 2 through 8 listed in previous motion. Motion, Ayes 3, Nays 4. Motion fails. MIHOTBS OF TEE PIAHHIlMS COMMISSION TING HELD NlkT 18, 1987 #1128 AHl EisoN ccnniHi Motion 3 ~ It was moved by Taylor, to recommend preliminary plat approval subject to: Same as Motion 2, except omit requirement for access to the north to Kurolin's property. Motion died for lack of a second. No further motions made. Application referred to to Council for action. #1142 SMITH BAT MARINA 4 YACHT CLUB 1955 SEKABLINB DRIVE CQMIBRCIAL SITE PLAN REVIEM SECOND REVIEN Present for this matter were architect Peter Curtis. C. Woodrow Love and Zoning Administrator Mabusth reviewed the variances conceptually approved at the last review. She reviewed the area of concern by the LMCD. She noted that the shoreline is eroding and th€ applicant proposes to construct a seawall in the near future. The commercial site plan and building plans are presented for Planning Commission's recommendation at this meeting. Mr. Love noted that the building plan designates an office for a caretaker and not an apartment as in the first building plan. They feel a caretaker on the premises would increase the security, and would like some direction from Planning Commission regarding this use. Zoning Administrator Mabusth advised that the zoning code would have to be amended to allow a residential unit in the B-2 district. Bellows asked about the siding planned for the building. Mr. Love stated that at this point, they plan a maintenance free wood appearance siding. In response to Chairmain Kelley's inquiry of the proposed landscaping, Mr. Love referred to the original site plan consisting of a few shrubs and green areas. Architect Peter Curtis explained that the elevation will be slightly different due to a last minute change to provide a required secondary access off the roof deck. 4 MINUTBS OF THB F'JUnilHG CONMISSIOH ITIHG HELD MAY 18, 1987 #1142 SMITH BAT Mf^xBA COHTIHUBD It was moved by Bellows, seconded by Taylor, to recommend approval of the commercral site plan per staff's recommendation and findings subject to: 1. Conditions 2 & 3 being completed within 1 year. 2. Approval of variance to number of parking stalls required vith use of m'nicipal parking lot for overflow parking; and to formally approve lakeshore setback, side setback, and hardcover variances for a new marina structure per staff recommendation. Mayor Grabek voiced concerns with excessive paving in lakeshore area as opposed to a porous parking area, and traffic patterns across County Rd. 15. Bellows noted that the paving is partially needed to designate parking spaces for an orderly parking pattern. Mr. Love stated that the facility across the street will be a separate business and do not anticipate a great deal of crossing County 15. Motion, Ayes 6, Nays 0, Abstention 1. Cohen abstained due to previous business dealings with Mr. Toberman. #1143 DONALD HILDMAH 745 SPRING HILL ROAD CONDITIONAL OSB PERMIT PUBLIC HEARING This matter was held over until the end of the Planning Commission meeting. It was moved by Cohen, seconded by Johnson, to table this application until the applicant or representative could be in attendance. Motion, Ayes 7, Nays 0, #1145 SCOTT fc LIZA HARVEY 1199 BLMHOOD AVENUE \ VARIANCES f PUBLIC HEARING 10:25 - 10:38 The Affidavit of Publication and Certificate of Mailing was noted. I Liza Harvey was present and their contractor Randy Harju. Assistant Zoning Administrator Gaffron explained the request for lakeshore setback, average lakeshore setback, and hardcover variances to construct a 12'x26' 2-story porch (3-season above, screened * slow) in place of their existing deck. The porch will extend about 2' closer to the lake than the deck does now. They will retain a 12'xl3' portion of deck 1: ut plans show a new MIHOTBS OF THE PLAimiHG COMNISSIOH TING HELD MAT 18, 1987 11145 BMI!VET COHTIH stairway to serve it of which a portion of the stairway will be within the 0-75' zone resulting in a hardcover increase and new enclosed structure where only a 2nd story deck exists now. Chairman Kelley asked what applicant's hardships were to support the variance request. Ms. Harvey stated that the house faces the west which results ir. intense heat in the summer and windy in the winter, therefore the addition is intended to give some protection. She noted that the extra 2' was needed to provide the lecessary width. Pi*»nning Commission unanimously agreed that they would not recommend any variance for structure within the O- zone. Randy Harju noted that due to the inconsistent lake level and that the addition may in fact not encroach into the 0-75' zone with exception to a small corner. Planning Commission recommended that the survey be verified prior to making a recommendation. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Cohen, to table this application pending certification of the actual lakeshore setback. Motion, Ayes 7, Nays 0. #1147 GBORGB & THERESA BLOOM 1374 BEST POINT ROAD VARIANCE PUBLIC HEARING 10;39 - 10:47 The Affidavit of Publication and Certificate of Mailing was noted. ^*1 Assistant Zoning Administrator Gaffron explained the request for fence height variance (6' where 3-1/2' is allowed) along street lot line of lakeshore lot. Applicants request to construct a privacy fence along the street lot line. Their residence is located only about 15-20' from the actual traveled right-of-way and vehicle and pedestrian traffic on the road looks right into their dining and kitchen areas during season that the lilac foliaoe is absent. AT" r mmms op the pimhxiig cohhissioh TIH6 HELD MAT 18, 1987 #1147 BIXXM OIHTIE • j Theresa Bloom was oresent and reiterated the hardship of no privacy in their house during fallr winter, and spring. They propose to replace the existing lilac bushes with a 6' fence and arborvidae plantings. Chairman Kelley noted that arborvidae in itself is a great means for privacy without a fence. He is opposed to alot of fencing and prefers natural screening. Cohen felt that the large lilac should provide adequate privacy. It was noted that the applicant does not currently live in this residence on a year around basis. Taylor agreed that it was a very crowded area and felt it was a legitimate hardship in this case. He recommended that the lilac bushes remain and construct the fence behind the lilac. Hanson concurred with Taylor*s recommendation. Bellows also concurred with Taylor especially if the fence is appropriately placed. There were no comments from the public regarding this matter and the public hearing was closed. Motion 1 - It was moved by Taylor, seconded by Johnson, to allow 6* fence to be located on south side of lilac bushes, with applicant executing a hold-harmless agreement, and no road dedication required. Motion, Ayes 2, Nays 5. Motion fails. Motion 2 - It was moved by Bellows, seconded by Brown, to allow 6* fence to be located 5* from the front property line at the west end, gradually getting closer to the lot line to a point 12* directly out from the jog in the house, and there ending; applicant to execute a hold-harmless agreement, and no road dedication required. Motion, Ayes 3, Nays 4. Motion fails. Motion 3 - It was moved by Chairman Kelley, seconded by Cohen, to recommend denial of the variance request but would allow only a 3-1/2* fence as allowed by code. Motion, Ayes 2, Nays 5. Motion fails. No further motions were made and Planning Commission referred the application to Council for their review. .1 MiaUTBS OF TBB PIASliIHG COMNISSIOH TING HELD NET 18« 1987 *1149 SCOTT t SUSAN VICKBRNAN 2500 SIXTH AVEHUB NORTH CONDITIONAL USB PBRNIT PUBLIC HBARING This application was held over until the end of the Planning Commission meeting. It was moved by Cohen» seconded by Johnson, to table this application until the applicant or representative could be in attendance. Motion, Ayes 7, Nays 0. #1151 ANN FISHER 774 TOHKANA ROAD RBNBNAL VARIANCES This application is being reviewed by Planning Commission as an information item, the public hearing will be held at the May 26, 1987 Council meeting. This is a renewal variance for side setback encroachment of 2.5' to construct a room addition. The original approval also included an average setback variance for a screen porch, but that work is not proposed at this time. Staff recommends approval of the renewal variance. It was moved by Cohen, seconded by Hanson, to recommend approval of the renewal variance per the findings and conditions of Resolution #1812 approved by Council on July 22, 1985. Motion, Ayes 7, Nays 0. APPROVAL OF MINUTES It was moved by Taylor, seconded by Cohe ■'o approve the Minutes of the May 4, 1987 Planning Commission meeting as submitted. Motion, Ayes 7, Nays 0. PLANNING COMMISSION REPRESENTATIVE Brown was appointed to attend the June 8, 1987 Council meeting. ADJOUR]T 11:07 P.M. The Planning Commission meeting adjourned at 11:07 P.M.