HomeMy WebLinkAbout06-15-1987 Planning MinutesMiaoTBS OF rsm piahhiiig o ;ssi(»VA:-YIHG HBLD JUHB IS, 1$87
ATTEm»HCB 7:01 P.N
The Orono Planning Conunission met on the above date with
the following members present: Chairman Kelley, Johnson,
Cohen, and Hanson. Brown arrived at 7:07 P.M., Bellows
arrived at 7:09 P.M. Taylor was absent. The following
represented the City staff:Building & Zoning
Administrator Nabusth, Assistant Planning & Zoning
Administrator Gaffron, and City Recorder Peterson.
Councilmember Peterson was also present.
^■
« i:;'
#1150 THEODORE FEIG/TIMOTHT JOHHSON
627 6 629 PBRHDALB ROAD FORTH
SUBDIVISION OF A LOT LIME RBARRANGl
PUBLIC HEARING 7:47-7:57
The Affidavit of Publication and Certificate of Mailing
was noted.
Applicants Ted Feig and Tim Johnson were present for
this matter.
H.Glendon Johnson, 517 North Ferndale Road, asked that
the proposal be explained.
Assistant Zoning Administrator Gaffron explained the
request for a lot line rearrangement between two 2-acre
developed lots to make more efficient use of the
properties and coincide with the natural and man-made
features of the properties that now exist. Staff
recommends approval of this lot line rearrangement as a
metes and bounds (subject to County accepting the metes
and bounds descriptions)rision because the house
sites are developed and .. *re is no future roadway
dedication required. Staff also recommends that
applicants grant a new drainage and utility easement 5*
either side of the new lot lines as a condition of
approval, and file an application to vacate the existing
easement which will no longer be appropriate.
There were no other comments from the public and the
public hearing was closed.
It was moved by Cohen, seconded by Bellows, to recommend
approval of the lot line rearrangement subject to staff
recommendation. Motion, Ayes 6, Nays 0.
''*'■JJ:
■
MIHUTBS OP THE PIAmillG CXMNISSIOH TING KBID JOIIB 15, 1987
#1163 JOmi NCDONBLL
1255 NOODHILL AVBHUB
PRBLIillHART SUBDIVISIOH CLASS III
PUBLIC HEARING 7:52-8:35
The Affidavit of Publication and Certificate of Mailing
was noted.
Present for this matter were; John McDowell, Rick
Sathre, Gary Peterson, and Henry Kingman.
Zoning Administrator Mabusth first explained the
ownership and subdivision of Parcel B property by
Woodhill prior to the sale to John McDowell. She spoke
to the Woodhill attorneys who advised that sale has not
taken place and sale will not be finalized until Mr.
McDowell completes the subdivision. Therefore, staff
suggests that Woodhill join in the application with Mr.
McDowell. She noted that the southeast portion of
Parcel B could become either an out lot or a separate
lot.
Henry Kingman stated that they have no plans for the
southeast portion other than combining it with the
Woodhill Country Club property as an outlot. He noted
that Woodhill will join in the subdivision application.
John McDowell explained the proposed 5 lot plat served
by both a private road and an existing private easement
(serving property from the southern end) created in a
previous subdivision involving the entire J. Pillsbury
homestead .
Applicants Engineer/Surveyor Rick Sathre explained the
technical points of the proposed sites. He noted that
they propose the road at a minimum paved width of 20
feet (24 feet required) in order to minimize the loss of
trees and major land alteration required with road
construction because of the difficult topography. He
noted that the sites are capable of supporting septic
systems. Lots 2 and 3 will have mound systems.
Zoning Administrator Mabusth stated that the City
Engineer recommends the road at a minimum paved width of
22* and an 80* diameter cul-de-sac in order to
accomodate emetgency vehicle access and snow removal.
City Engineer also recommends that the minimum width of
road between the retaining walls be 26*. Applicant is
also being requested to install a cul-de-sac at the end
of Woodhill Ave. and dedicate additional width to
provide a 50* right-of-way. She stated that Woodhill
Ave. is substandard noting that if it were upgraded the
cost would be assessed against the benefitting property
owners.
#1
r
MiaOTBS OP THB PIAlMlHG COMHISSIQII HKETIliG HELD JUHB IS, 1987
• I .<• I«1163 WCDCMELL COHTIHI.
Hanson voiced concern with the Engineer's recommendation
of a 22' wide road versus the required 24' wide road.
He is also concerned with the public safety aspect in
terms of the City's responsibility for landowners served
by the existing Woodhill Ave.
Mark Fox, 1230 Woodhill Ave., is opposed to a cul-de-sac
on Woodhill Ave. because it would be too close to his
property, and felt it was too drastic just to remove
snow which can be pushed straight ahead.
Dave Lindstrom, 1315 Woodhill Ave., agreed with Mr. Fox.
Kandi Osborne, adjacent property owner to proposed Lot
3, asked if there are limitations to wetlands being
filled; and if there are limitations square footage of a
house.
Chairman Kelley stated that there are limitations to
filling in wetland areas which are controlled by the
DNR and the City.
Regarding the house size, Mr. McDowell stated that there
will be protective covenants that go along with the sale
of the properties which will specify a minimum house
size.
Kandi Osborne voiced concern of a lot of tree removal to
accomodate the mound septic systems and also the
concern of a non-functional system filtering onto her
property.
Assistant Zoning Administrator Gaffron explained that
the City's standards for a septic system are that it
must be at least 10' from a property line, at least 75'
from any wells; soil testing is required. He confirmed
that alot of trees will need to be removed for a mound
system.
Mr. Sathre stated that topographically, if the system
failed, it would drain away from the Osborne property.
He felt the chances of a system failing were slight.
Johnson voiced concern with the residents preference of
not having a cul-de-sac, noting a cul-de-sac would
prevent drivers turning around in one's driveway.
MIHO¥^ 09 TB& FlAMlIlVG CCioaSSIOH :ih:>TIH6 HSU) J1 15, 1987
#1183 NCDQMBLL COMTIH
Chairman Kelley announced that two of the Planning
Commission members were also members of the Woodhill
Country Club, and that he himself was an associate
member of the club. He noted that each of the members
could decide for themselves whether there was a conflict
of interest and abstain from voting. From his point of
view, he has decided to vote in the matter.
'A
Mark Fox asked if Woodhill Ave. were widened where would
the additional property come from and who would pay for
it.
Zoning Administrator Mabusth stated that they have only
done some preliminary reviews of it and were very
concerned with the existing landscaping done by the
property owners in the right-of-way.
There were no other comments from the public and the
public hearing was closed.
It was moved by Cohen, seconded by Hanson, to recommend
preliminary subdivision approval as proposed subject to
the City Engineer's recommendations. Motion, Ayes 3,
Nays 2, Abstention 1. Brown voted nay feeling the
Woodhill Ave. cul-de-sac was not needed. Johnson
concurred with Brown in addition to feeling a 20' paved
road width would be adequate. Bellows abstained due to
her membership in the Woodhill Country Club.
#1164 JOHN MCDOWELL
405 TONKAWA ROAD
SUBDIVISIOH FOR TAX PORPOSBS
AMD LOT LIMB RBARRAH6EMEHT
PUBLIC HEARING 8:40-8:45
The Affidavit of Publication and Certificate of Mailing
was noted.
John McDowell as applicant and current owner of the
former homestead of Edson Spencer consisting of a total
14.37 acres and made of of three legally defined tracts
of Registered Land Survey #540 combined for tax purposes
seeks the separation of all three parcels for individual
sale.
MIMUTBS OF TBB PIAHHIHG O EISSIOH MBBTING HELD JUNE 15, 1987
#1164 MCDONBLL CORTHI1
John McDowell explained that he proposes to separate the
property as follows:
Tract A - 4,71 +- acres with the existing tennis
court to remain.
Tract B - 5.98 +- acres including tha existing
homestead, pool & patio, and shed.
Tract C - 3.69 +- acres.
I "■ ■
He stated that he is opposed to staff's recommendation
that unless a building permit for a principal structure
is issued prior to the formal approved subdivision
deadline date, the tennis court on Tract A must be
removed after the established 1 year deadline date. He
will withdraw his application if that condition were
imposed.
Planning Commission felt the tennis court could not
be allowed indefinitely on a property as an accessory
structure with no principle structure. They suggested a
longer time frame indicating to applicant that he can
come back to the City to request an extension if that
time limit were to expire. They further advised
applicant that an extension request could be denied.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Bellows, seconded by Hanson, to
recommend approval of the proposed division for tax
purposes of Tracts A & B and a division of a lot line
rearrangement between Tracts B & C finding all standards
of the LR-IA zoning district have been satisfied,
subject to the following conditions:
1. The tennis court will be allowed to remain for 2
years from the formal approval date of the
subdivision by Council unless a building permit for
a principal structure is issued prior to the 2 year
deadline date.
2. Septic testing required prior to City's approval
of lot line rearrangement.
3. Parcel created within Tract C to be legally
combined with Tract B.
Motion, Ayes 6, Nays 0.
I
MIHOTBS OF THE PLIUmiHG COMMISSION MEETING HELD JUNE 15 ^ 1987
11149 SCOTT fc SOSAH VICKBRMAN
2500 SIXTH AVnUB NORTH
CONDITIONAL USB PERMIT
CONTIHUATION OP PUBLIC HEARING 7:01-7:03
Susan vickerman was present for this matter.
Zoning Administrator Mabusth explained that at the March
meeting^ Planning Commission approved a partial vacation
of a conservation and flowage easement originally
granted to the City over a proposed pond area on the
subject property. Planning Commission recommendation
agreed to a partial vacation of the easement that would
preserve the defined drainageway through Lot 3 in order
to maintain integrity of existing pond on Lot 2. The
current application filed by the new owner, Scott
Vickerman, requesting to proceed with the installation
of the pond as approved by the City on October 15, 1984.
Staff recommends approval.
There were no comments from the public regarding this
matter and the public hearing was closed.
■
It was moved by Cohen, seconded by Chairman Kelley, to
recommend approval of the renewed conditional use
permit subject to the findings and conditions (except
for the requirement of a conservation and flowage
easement) set forth in Resolution #1685 approving the
original conditional use. Motion, Ayes 4, Nays 0.
(Brown and Bellows were not present for this vote.)
«1152 FRANK JAHBCKT
3145 NORTH SHORE DRIVE
VARIANCE
PUBLIC HEARING 7:12-7:13 ^The Affidavit of Publication and Certificate of Mailing
was noted.
Applicant's contractor, Fred Royle of Carpenters
Construction, was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for an average lakeshore setback variance to
construct a second story deck. Applicant has removed
the existing garage and major portions of driveway,
replacing with grass, to result in final 75-250'
hardcover of 24.2% which meets the requirements. The
removals also result in removal of structure previously
in the 0-75' zone. It was noted that most of the
existing house and entire deck is within the average
setback zone. Gaffron noted that because of the
project's overall improvement, the views of the the only
affected neighbor will actually be increased.
W' ■
fililDTES OP THE PLAmUHG COMMISSIi • L'B.K'C TIHG HELD JIIMB 15, 1987
11152 JA]• I•nr coHTmi
There were no comments from the public regarding this
matter and the public hearing was closed.
Chairman Kelley noted the City's appreciation for a
reduction of hardcover in the 0-75' zone.
It was moved by Brown, seconded by Cohen, to recommend
approval as submitted. Motion, Ayes 6, Nays 0.
#1154 PAUL VITKO
80 CTGHBT PLACE
COEDITIOBAL USE PERMIT
PUBLIC HEARISG 7:04-7:06
The Affidavit of Publication and Certificate of Mailing
was noted.
Assistant Zoning Administrator Gaffron explained the
request to bring in 450 cubic yards of dirt to fill a
20'x60'x6' deep "trout" pond that was excavated in 1972
by the previous owner. This pond receives overflow
through a 4" tile from the neighbor's pond at 60 Cygnet
Place. Applicant's pond then has an overflow pipe that
leads to the south and east on applicant's property.
The pond is empty this year and its retaining walls are
in disrepair. Applicant feels that this "hole" is an
eyesore and a safety hazard to his young children, and
wishes to fill it in. To accomodate the drainage from
the neighbor's pond, applicant proposes to create a
swale within the 10* drainage easement along the rear of
the property, at an elevation and slope that will
transport any overflow from the neighbor's existing pond
connection pipe to the south end of applicant's property
where such overflow will then flow naturally across the
park lot to the creek. Applicant is also requesting
that the 30-45 truckloads of fill be allowed to access
across the City park lot so that applicant's drainfield
will not be damaged. Public Works Coordinator
Gerhardson will be reviewing this request. Staff
recommends approval subject to the conditions listed in
memo .
Paul Vitko was present for this matter and stated he
finds no problem with staff and City Engineer's
recommendations .
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Hanson, to
recommend approval per staff recommendation. Motion,
Ayes 4, Nays 0. (Brown and Bellows were not present for
this vote.)
MINUTES OF THE PIAMNIHG COMMISSIOM MBETlUG HELD JimB 15, 1987
#1158 ROBKHT P. SCHMITT
1475 SHORBLIHE DP^VE
OOHDITIOHHL USE PERMIT/VARIAECE
PUBLIC HEHR1H6 7:08-7:11
The Affidavit of Publication and Certificate of Mailing
was noted.
Robert Schmitt was present for this matter.
Assistant Zoning Administrator Gaffron reviewed the
request to: 1) Replace areas of cracked concrete
sidewalk and driveway pavement within 0-75* setback
area; 2) Re-grade ice damaged shoreline back to a level
state; and 3) Remove dilapidated bath house near
shoreline. Gaffron reviewed City Engineer Cook's
recommendation of approval subject to his outlined
erosion control measures. Staff recommends approval of
the 3-phase project which will reduce 0-75' hardcover on
the proeprty, remove a non-conforming structure# and
enhance the safety and usability of the yard area.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Cohen# seconded by Chairman Kelley# to
recommend approval subject to suitable erosion controls
during the grading work# and subject to the concrete
being replaced but not expanded in area. Motion# Ayes
6# Nays 0.
#1159 FRANKLIN GROVES
215 HOLLANDER ROAD
CONDITIONAL USB PERMIT
PUBLIC HEARING 8:50-8:55
The Affidavit of Publication and Certificate of Mailing
was noted.
Zoning Administrator Gaffron explained the request for a
conditional use permit to bring in approximately 500-
1#000 yards of fill in order to regrade the front yard
area# with the intent to smooth out the front yard so it
can be readily mowed. There will be some minor cut and
fill areas in addition to the fill brought in. City
Engineer Cook has viewed the site and feels that this
project will have no detrimental effect.
John Hollander# 200 Hollander Road# asked about the
quantity & type of fill# the direction of the drainage#
and the type of soil that currently exists on the
property.
8
. ... I- .- - - - - -.
MiHUTBs OF ms Fumim coraassioH TING HELD JUNE 15, 1987
#1159 GROVES COHTIE II > I
Assistant Zoning Administrator Gaffron answered that a
maximum of 1,000 yards of mostly clay fill will be
brought in; it is anticipated that the drainage will be
in the same direction and same rate that currently
exists toward the culvert; and the existing soil is
mainly sand.
Franklin Groves was present and noted that he plans to
seed as soon as the fill and grading is done.
There were no other comments from the public and the
public hearing was closed.
Bellows stated that she approved the project in concept,
however, recommended that a contour plan be submitted
before Council review.
It was moved by Bellows, seconded by Brown, to recommend
approval per staff recommendation and subject to
applicant providing complete existing and proposed
contour plans before Council review. Motion, Ayes 6,
Nays 0.
For the record, Mr. Groves stated that he will
diligently repair any road damage caused by this
project.
#958 VOYAGBOR SERVICE CENTER, INC.
2420 SHADYWOOD ROAD
VARIANCES 6 COMMERCIAL SITE PLAN RBVIBN
COHTINIIATION OF PUBLIC HEARING 9:02-9:22
MAILED REHOTIPICATIOH
John O'Sullivan and Erwin Smith were present for this
matter.
Zoning Administrator Mabusth explained the proposal to
add to the existing service center building to create a
carwash/service center/convenience store. Street
setback variances requested are: Right Side ~ proposed
20', Left Side - proposed 27' (35* setback is normally
required). Parking requirements total 26 stalls, whereas
the commercial site plan shows 21 stalls provided. The
County is requesting additional right-of-way to provide
a right turn lane and a sidewalk which is part of the
Navarre upgrading plans.
John O'Sullivan reviewed the proposed plan. Regarding
the 26 required number of parking stalls, he requested
that 50% (5 total) of the 10 gas pump parking stalls be
credited to the parking requirements. He noted that
this has been acceptable in some municipalities.
’•S!
....iL...II. . 1^. nr-
I MIHOTBS of the PLANMIHG COMMISSION TING HELD JUNE 15, 1987
1958 VOTAGEOB SERVICE CENTER CONTINUED
Planning Commission expressed concern with interference
of the canopy in the designated fire lane, and that the
fire inspector should determine if this would a
problem.
Mr. O’Sullivan noted that their hours of operation will
be from 6 AM to Midnight; the drainage will not be
changed; and they plan to install all new gas tanks and
lines.
2oning Administrator Mabusth noted that staff no longer
feels there will be a stacking problem with the car wash
operation.
Planning Commission unanimously agreed that the code did
not have to be amended for this multi-use proposal.
There were no comments 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 variances and commercial site plan
finding no problem with the proposed parking plan and
subject to approval by the fire inspector. Motion, Ayes
5, Nays 1. Bellows voted nay stating it was too intense
use for the size of the property specifically the
convenience store and number of gas pumps.
#1143 DONALD HILDMAN
745 SPRING HILL ROAD
CONDITIONAL USE PERMIT
CONTINUATION OF PUBLIC HEARING 9:25-9:37
Mr. & Mrs. Donald Wildman were present for this matter.
Assistant Zoning Administrator Gaffron explained the
request to construct a 4-car garage and caretaker
apartment above, replacing the existing 3-car garage to
be removed. A conditional use permit is required for a
detached combination guest house and garage, and
floor area variance required for accessory structure.
The proposed structure meets the setback requirements.
The principal residence has been recently remodeled and
this new garage/rpartment is designed to architecturally
complement the house. It was noted that the lot area of
approximately 24 acres is such that the structure could
be divided off with a 2-acre parcel, although that is
not the applicant's intent.
In response to the questioned hardship, Mr. Wildman
stated that the existing "shed" contains no storage and
their sizeable home and property should have an
acommodating garage.
. i
MiaUTBS OF THE PLAHNING COMMISSION MEETING HELD JUNE 15, 1987
#1143 WILDMEN CONTINI
Brown noted that staff is working on a proposed code
amendment regarding size of allowed accessory structures
in relation to size of the property.
Assistant Zoning Administrator Gaffron stated that this
^ i
i
N ■ ■'
proposal would probably be in line wi
recommendation.
h staff’s
Bellows felt that there should be a covenant minimizing
a future subdivision i.e. X number of acres must
accompany the principle and accessory structures.
Mr. & Mrs. Wildman voiced agreement to Bellows'
recommendation.
Cohen stated he could find no justifiable hardship,
therefc..e would vote to deny the application.
Johnson did not feel it was appropriate to tie up
acreage with this type of application.
There were no comments from the public regarding this
matter and the public hearing was closed.
Motion 1 - It was moved by Johnson, seconded by Hanson,
to recommend approval of the conditional use permit and
variance as requested. Motion, Ayes 2, Nays 4.
Bellows, Brown, Kelley, and Cohen voted nay. Motion
failed.
Motion 2 - It was moved by Brown, seconded by Bellows,
to recommend approval of the conditional use permit and
variance subject to a stipulation that the principal
residence and caretaker house/garage must remain forever
on a single parcel no less than 10 acres in area.
Motion, Ayes 2, Nays 4. Hanson, Cohen, ohnson, and
Kelley voted nay. Motion failed.
Motion 3 - It was moved by Hanson, seconded by Bellows,
to recommend approval of the conditional use permit and
variance subject to a stipulation that the principal
residence and caretaker house/garage must remain forever
on a single parcel no less than 5 acres in area meeting
all setbacks, septic primary and alternate sites etc.
Motion, Ayes 2, Nays 4. Cohen, Johnson, Brown, and
Kelley voted nay. Motion failed.
Motion 4 - It was moved by Chairman Kelley, seconded by
Brown, to table until the City adopts an ordinance with
performance standards allowing oversize accessory
structures as a conditional use rather than a variance.
Motion Ayes 4, Nays 2. Hanson and Brown voted nay.
MIHUTBS OF THE FlAHHlilG COIIIilSSlOi :^w.-TXH6 BOILD 3\•j:i;15. 1987
11“ »#1143 NILDlUai COHT1H1
Mrs. Wildman felt it unfair to delay their application
further and preferred to have it passed on to the
Council.
Motion 5 - It was moved by Hanson, seconded by Cohen, to
reconsider tabling action. Motion, Ayes 6, Nays 0.
Motion 6 - It was moved by Cohen, seconded by Chairman
Kelley, to recommend denial of the requested conditional
use permit and variance (for purposes of moving this on
to the Council). Motion, Ayes 4, Nays 2. Hanson &
Brown voted nay.
#1148 ST. BDNAKDS EPISCOPAL CHUBCH
845 PKREDALB ROAD EORTH
COHDITIOMAL DSB PERMIT
PUBLIC HEARING 9:49-10:02
The Affidavit of Publication and Certificate of Mailing
was noted.
Representatives Richard C.A. Bell and William E. Martin
were present for this matter.
Zoning Administrator Mabusth explained the request for a
conditional use permit to allow day care/pre-school
instruction by the Wayzata School District and the
Montessori School of Wayzata to be conducted within the
lower level of the church building. The lower floor
area of the church consists of varied classroom areas.
The specific areas proposed by both agencies for such
use have been designated on the floor plan. Each agency
would assume use of 2 - 15*x25* class areas divided by
adjustable room dividers. Staff's major concern is the
fact that the building is not served by a fire
suppression system. The City of Orono adopted Appendix
E of the State Building Code in 1982 which prohibits the
proposed use by both agencies. The maximum student use
is proposed at 40 to 54 students and Appendix E would
limit the amount of students to 30 unless a sprinkler
system would be installed.
Staff has recommended that one of the agencies use the
facility for day care/pre-school instruction. The area
of the classroom would have to be maintained under 1,050
s.f. with walls constructed around the defined
classrooms area. The requirement of Appendix E would be
satisfied with this plan for operation of a day
care/school.
imniTBS OF THE PIAHNIliG COMaSSIOH nriMG BSLD Jinffi is, 1987
•J#1148 ST. BDHMIDS EPISCOPAL CHURCH COHTIM1
A representative of the church asked that this
application be tabled in order for the church to review
staff's recommendation and the interpretation of
Appendix E.
It was moved by Cohen, seconded by Chairman Kelley, to
table this application until the July 20, 1987 meeting.
Motion, Ayes 6, Nays 0.
#1153 RICHARD ERICKSON & JULIE CORTT
1295 SIXTH AVBHUE NORTH
YA HT AII CKS
PUBLIC HBARING 10:02-10:12
The Affidavit of Publication and Certificate of Mailing
was noted.
Richard Erickson and Architect Herb Baldwin were present
for this matter.
Assistant Zoning Administrator Gaffron explained the
request for hardcover variances to construct a lakeshore
access stairway as follows:
0-75* “ Existing 0%
«* Proposed 5% approx, 1,243 s.f.
75-250' = Existing 29.9% approx. 17,274 s.f.
=* Proposed 30,3% approx. 17,483 s.f.
Proposed stair included numerous joqs back and forth,
about 150 lineal feet of stairs and landings in a 75’
distance. Stairway includes a number of platforms and
benches, two of which appear to exceed 4'x4' standard.
Project also included some minor retaining walls. Slope
in 0-75' zone is 37,5 feet drop in 75’ or 50% slope
(2:1), not feasible to climb without some type of
stairway.
Bellows stated that after viewing the site, she agreed
that the number of jogs were necessary and appropriate.
However, she suggested minimizing the size of the two
landings.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Bellows, seconded by Brown, to recommend
approval subject to the two landing areas be reduced in
size to meet the nominal 4' width standard. Motion,
Ayes 6, Nays 0.
MIKUTBS or THE FLMmHG CMIlSSION MBBTIII6 HELD JUNE 15, 1987
«1155/#115€ LLOTD DRAPER
3955 NBBB STREET/1929 PAGERHESS POINT ROAD
TARIAECBS
PUBLIC HEARIBG 10:15-10:33
The Affidavit of Publication and Certificate of Mailing
%as noted.
Lloyd Draper and his Architect, John Blumentritt of
Resitek Inc. were present for this matter.
Assistant Zoning Administrator Gaffron explained the
request reviewed the variance requests as follows:
#1155 - 3955 Webb Street (Lot 16)-
Lot area variance to construct a residence on a
substandard vacant lot.
Lot Area - Existing 0.37 ac/16,100 s.f.
Required 0.50 acre
Variance 0.13 ac or 26%
#1156 - 1929 Eagerness Point Road (Lot 19)-
Lot area and lot width variances to construct a
residence on a vacant lot (this lot contained a
residence until about 1970).
Lot Area - Existing 0.32 ac/13,875 s.f.
Required 0.50 acre
Variance 0.18 ac or36%
Lot Width - Existing 77'
Required 100'
Variance 23' or 23%
Each lot contains a sewer stub and water connection and
each has been assessed for footage. Only one sewer unit
charge was previously assessed. These lots were each
granted variances in 1971 but houses were never
constructed. The lots have never been combined and are
separate for tax purposes.
John Weist, 1920 Concordia, feels the lots are too
substandard noting that this is a half acre zone and the
lots are not even 4/5's of the required area. He noted
his lot is 1/2 acre.
Dave Slavik, 1913 Eagerness Point Road, agreed with Mr.
Weist. He noted his lot is approximately 3/4 acre.
Elaine Peterson, 1921 Eagerness Point Road, agreed that
the lots were too small.
Paul Berggren, 1895 Concordia, suggested that the two
lots be combined to accomodate one house.
Assistant Zoning Administrator Gaffron reviewed the lot
size comparison on Eagerness Point Road and Concordia
Street; and the LR-IC lot area variance actions from
1980 to 1987.
1
MIHUTBS OP TEB PLAHHIBG O • :':i SSim MBBTING mOiD OWm 15, 1987
11155/11156 DBAPBR COIITIW
John Bluxnentritt stated these lots have always been
intended as two building lots noting the two paid sewer
and water units. He noted the that the proposed
footprint design of houses meet all the required
setbacks and did not feel that these structures would be
an offensive addition to the neighborhood. Because of
awkward shapes of the two lots combined, it would be
difficult to make one site flow into another site as a
well organized building site.
Mr, Slavik noted that the properties have not been
maintained by the owner for many years.
Mr. Blumentritt stated that they recognize that there
have been problems and hope to correct the situation.
Denny Williams, 1932 Eagerness Point Road, asked if
these lots had any lakeshore rights?
Assistant Zoning Administrator Gaffron stated that the
City does not recognize any lakeshore rights that these
lots would have.
Mr. Draper stated that there is a 6* easement on the
certificate of title for both of the lots across the
Fagerness Point on part of Lot 27, which allows him to
have a dock.
There were no other comments from the public and the
public hearing was closed.
Johnson asked applicant what prevented him from building
in 1971?
Mr. Draper stated that the builder died of a heart
attack.
Bellows felt that the lots were too substandard noting
the hardcover shown does not include any decks, garages,
driveway, etc.
It was moved by Chairman Kelley, seconded by Bellows,
recommended denial of the lot area variances in
Applications #1155 & #1156. Motion, Ayes 4, Nays 2.
Cohen voted nay stating he agreed that the configuration
of the two lots combined precludes a building sJte.
Brown voted nay noting that as long as the house meets
the setbacks and hardcover limit it is acceptable and
noted the issue of long time ownership.
I
rniUTBS OF THE PLftHHlHG COHMISSimi MBBTIIIG HELD JUHB IS, 1987
*1157 WALTER P. XRAKE, JR.
1380 REST POIWT ROiAD
VARIAWCES
PUBLIC BEARIBG 10:38-10:44
The Affidavit of Publication and Certificate of Mailing
was noted.
Mr. & Mrs. Walter Krake were present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for hardcover, street setback, and average
setback variances to construct an addition and attached
garage as follows:
Hardcover 75-250' - Existing « 32.6%
- Proposed » 48.6%
Average setback encroachment - Proposed 4 *
Street setback - Required * 35'
- Existing = 26.4'
- Proposed » 28'
Staff recommends approval of street setback, average
setback and hardcover variances subject to a revision of
the proposal to not exceed 40% in the 75-250' zone; and
advise applicant that the existing shed near the lake is
a non-conforming structure subject to the pertinent
ordinances.
There were no comments from the public regarding this
matter and the public hearing was closed.
Chairman Kelley felt that the plan was too ambitious and
suggested developing a plan with a 2-car garage and 2-
story addition (as opposed to the 3-car garage and 1-
story addition as proposed).
Bellows also felt the plan was overly ambitious for the
neighborhood.
Planning Commission unanimously recommended a reduction
in the proposed hardcover.
Mr. Krake felt that the turn-around was necessary for
pedestrian safety due to the natural obstruction and
hill.
Assistant Zoning Administrator Gaffron noted that Rest
Point Road has a low traffic level, therefore the turn
around may not be necessary. He also noted that the
neighboring properties most likely have similar
hardcover levels as proposed by applicant.
Bellows noted that she would not base her recommendation
upon the hardcover of neighboring properties.
:ssi<»STIM6 HELD J1 ij K-15r 1987MIHUTBS OF THE PIAHHIHG
^ . 11157 KBAKB COHTIHUED
After considerable discussion of alternatives# it was
moved by Chairman Kelley# seconded by Bellows, to table
the application for an alternative plan reducing the
hardcover. Motion, Ayes 5# Nays 1.
Planning Commission reopened this application at the end
of the meeting to give applicant the opportunity to
submit a revised plan.
Mr. Krake proposed to eliminate the turn-around# off-
street parking# and the sidewalk which would reduce the
proposed hardcover to 38.8%.
Chairman Kelley felt that the turn-around was necessary.
It was moved by Brown# seconded by Johnson# to recommend
approval with a hardcover limit of 38.8% i.e. exclusion
of sidewalk# turn-around# and parking area from original
proposal. Motion# Ayes 3# Nays 3.
#1160 WILLARD L. BURY
2695 CASCO POINT ROAD
VARIAWCB
PUBLIC HEARING 11:04-11:25
The Affidavit of Publication and Certificate of Mailing
was noted.
f*
h
Assistant Zoning Administrator Gaffron reviewed the
history of the properties ownership and development and
hardcover previously approved. Mr. Bury purchased the
unfinished structure in 1986 and proceeded to finish the
construction# with the stupulation through a developers
agreement that the driveway would be reduced in
hardcover by installing two - 24" wide pads rather than
a 10' driveway# in exchange for added hardcover in a
deck# entryway# sidewalk# and back-up apron. Mr. Bury
is now request! ig a variance for hardcover to allow the
full width pavement, the hardship being steep slope#
poor winter traction and problems with winter
maintenance# and the need to enter Casco Point Road
moving forward due to poor sight distance.
Willard Bury was present for this matter and noted a
disagreement in hardcover where 432 s.f. of gravel was
placed directly over the soil with no underlying plastic
where staff previously advised him that this would not
be considered hardcover.
It was determined that this difference would reduce the
existing hardcover to approximately 36%.
NiaUTBS OP TBB PIAHHIHG O USSION , I .•TING HELD JUNE 15, 1987
#1160 BURT CONTINUED
Chairman Kelley stated he felt the City has been "had
by Mr. Bury.
Bellows felt that the existing deck should be reduced in
exchange for approving this variance in order to comply
with the spirit of applicant's original agreement with
the City.
Mr. Bury felt that cutting off the deck would physically
and aesthetically ruin the entire deck area. He stated
that he is not trying to put something over on the City
and noted that both his neighbors have more hardcover
than he has. He questioned that the City would be
liable in a case of a car accident if they deny his
request. He stated he could reduce the width of
driveway and turn-around.
Connie and Larry Kane, 2697 Casco Point Road, stated
that they have had a drainage problem since the building
of applicant's house began and if this application is
approved requested the City require monies put in
escrow in that case of additional drainage problems
until the new drainage methods have been found to be
satisfactory. (Applicant has done work to correct the
previous drainage problem, but with the dry weather
conditions, it is unknown if this has completely solved
the problem.)
Bob 6 Betty Hunt, 2691 Casco Point Road, agreed with the
Kane's and explained the history of the drainage
problem.
There were no other comments from the public and the
public hearing was closed.
Mr. Bury submitted photos of the existing deck and
driveway.
It was moved by Chairman Kelley, seconded by Hanson^ to
recommend approval subject to reduction of hardcover to
32.4%. Motion, Ayes 5, Nays 1. Brown voted nay.
NIHOTBS OF THE FUSING CQttllSSIDH Z\A:^TIHG HELD JUliB 15, 1987
#1161 RAMDT IfBBSTRAMD
525 ORCHARD PARK ROAD
VARIARCBS AMD COHDITIOHAL USB PBRMlT
PUBLIC HEARING 7:21-7:46
The Affidavit of Publication and Certificate of Mailing
was noted.
■■rr
Randy Weestrand was present for this matter
Note that applicant is purchasing this property
contingent upon approval of this proposal.
Assistant Zoning Administrator Gaffron explained the
requests and pertinent facts as follows:
#1161 -
al Lot area variance to build a residence -
-Total lot area including road is 5.01 acres
(4.76 acres excluding road).
-Total dry buildable is about 3.3 acres (1.5
acres wetland approximately and about 0.3 acres
open water).
-City Engineer and staff recommends a
redesignation of wetland to follow the assumed
40' contour, leaving a 1.24 acre wetland and
3.52 dry acres.
b) Rear setback variance to build a house 67' from
the rear lot line (where 100' is required) in order
to create relatively flat front and rear yard areas
without the need for major grading.
c) Variance to keep 2 horses on his 3.5 dry acres
(where 4 acres of dry land is required for 2
horses) based on the fact that a good portion of the
wetland is actually fairly dry and usable as
pasture.
#1162 -
a) Conditional use permit for driveway crossing of
designated wetland.
-Based on the recommended redesignation of wetland
contour only a minimal amount of grading or fill
work will be needed at the very northern edge of the
wetland to accomodate applicant's proposed driveway
plan.
-City Engineer recommends no fill below the 40'
contour of wetland.
Regarding contacting the neighbor, Mr. Kokesh, Mr.
Weestrand stated he was unable to contact him after
several attempts.
Zoning Administrator Mabusth stated that Mr. Kokesh
called the office today and inquired about the setbacks
proposed and voiced his expectation that the City
require setbacks to be met.
MIHUTBS OP THE PLAMHIHG COMMISSIOH MBBTING HELD JOMB 15, 1987
#1161 WBBSTRAMD COWTIHUED ^
Bellows voiced concern with determining the dry
buildable area based on today's exceptionally dry
conditions.
Chairman Kelley noted the fact that the proposed barn
is located in the front yard. He also felt the
neighbor, Mr. Kokesh, should be present to voice his
objection. He asked applicant why the 100' rear setback
for house could not be met.
Mr. Weestrand stated the setback was due to a steep hill
and noted that he could possibly move the house back
another 12' placing it 79' from the lot line.
Chairman Kelley found it difficult to approve numerous
variances for a future property owner, feeling that his
opinion would be different if the applicant already
owned the property.
Brown felt strongly about preserving the rural 5-acre
minimum and found no hardship to grant the variance.
Johnson felt the intent of the 5-acre minimum was being
met, however, the 100' setback should be met.
Bellows stated that the code clearly requires 5.0 acres
dry buildable and she is against creating a substandard
lot in an area for which there is no need to create
substandard lots.
Cohen felt there was not enough information regarding
the questionability of the property being a 5 acre site,
the criteria based on this dry year, the objecting
neighbor not being present, and concern with the title
fee owner, therefore, suggested tabling the application.
He also noted that he felt the 100' setback should be
met.
Hanson agreed with Cohen.
The majority of the Planning Commission stated they did
not have a problem with grantin- the variance for number
of horses, or the common ownership of the property, and
would approve the application if the 100' setback was
met.
There were no comments from the public regarding this
matter and the public hearing was closed.
Mr. Weestrand requested that the Planning Commission
make a recommendation at this meeting subject to meeting
the 100' rear setback requirement.
i
i
•1
MIHDTBS OP THE PIAHNING COMMISSIOH ITIH6 1I JUHl 15, 1987
IJ .i I#1161 ffBKSTRAHD COHTIE1
It was moved by Cohen, seconded by Johnson, to recommend
approval of variances (lot area, number of allowed
horses, and accessory structure in front yard) in
Application #1161 subject to applicant complying with
100' rear setback requirement. Motion, Ayes 3, Mays 3.
Kelley, Bellows, *"d Brown voted nay. Motion resulted
in split vote.
It was moved by Cohen, seconded by Johnson, to
recommend approval of conditional use permit in
Application #1162. Motion, Ayes 5, Nays 1. Bellows
voted nay.
APPROVAL OP N1HUT8S
It was moved by Cohen, seconded by Johnson, to approve
the Minutes of the May 18, 1987 Planning Commission
meeting as submitted. Motion, Ayes 6, Nays 0.
PLAEHUG COmilSSIOII REPRESENTATIVI^
Johnson was appointed
Council meeting.
to attend the July 13, 1987
ADJOUH ] j'-h:T lls34 P.M.
The Planning Commission meeting adjourned at 11:34 P.M.
^-4
*3