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HomeMy WebLinkAbout08-17-1987 Planning MinutesHimiTBS OP THE PIAIIMIHG COMMISSIOB MBBTI8G HELD AOGDST 17, 1987 ATTSIDAECE 7:02 P.M. The Orono Planning Conunission met on the above date with the following members present: Chairman Kelley, Bellows, Johnson, and Hanson. Cohen arrived at 7:05 P.M. and Brown arrived at 7:10 P.M. Taylor was absent. The following represented the City staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, Septic and Zoning Aide Knott, and City Recorder Peterson. CounciImembers Goetten and Callahan were also present. *1179 OROHO COMMUMITY CHORCH 770 t 950 OLD CRYSTAL BAT ROAD CLASS 1 SUBDIVISIOH OP A LOT LINE RBARRANGEMENT PUBLIC HEARING 7:28-7:30 The Affidavit of Publication and Certificate of Mailing was noted. Gary Connell representing the Orono Community Church was present for this matter. Zoning Administrator Mabusth explained the application for a Class I subdivision involving a rearrangement of a lot line between Lots 1 and 2. Staff reviewed the original commercial site plan approved for the Church and advised that future expansion may be restricted because of the reduction in area and demands for parking. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Johnson, to recommend approval of the lot line rearrangement per staff recommendation and subject to grading and updated commercial site plan conditions met and approved by staff. Motion, Ayes 6, Nays 0. #1181 FIRST NATIONAL BANK OP NAVARRE 2500 KELLY AVENUE CLASS III SUBDIVISON PUBLIC HEARING 7:34-7:51 Tne Affidavit of Publication and Certificate of Mailing was noted. Jim Shaver representing the First National Bank of Navarre was present for this matter. Zoning Administrator Mabusth explained the application involving the division of Lot 2, Block ], Orono Hills into 4 single family residential lots, the property is served with sewer and water, applicant seeks density credit for wetlands. The installation of private drives MIMUTBS OF THE PIAmUHG O [ISSION MBBTIMG HELD AUGUST 17, 1987 i|:hi§1181 FIRST NATIOHAL BAMK OF HAVARRE CONTIN1 through designated wetlands will also require conditional use per^nit/variance. The proposal included two shared driveway accesses rather than a private road serving all four lots, which staff considers to be less of an impact on the designated wetland area. Staff recommends realigning the northern driveway access approximately 100 feet further north in line with shared drive that serves two duplex units to improve the sight distance and conjested area. Staff recommends tabling the application pending receipt of reports from the DNR and MCWD regarding culvert placement and sizing. Planning Commission found no problem with the proposed shared driveway accesses. Julian Hook, 2650 Kelly Avenue, voiced major concern regarding adding more traffic to an existing congested area on Kelly Ave. He also felt that the City should address and resolve the drainage problem on Kelly Ave. before any further development is done. He also noted concern with development in a swamp area and the number of curb cuts. Another Kelly Ave. resident concurred with Mr. Hook's concerns. Chairmain Kelley agreed that the additional run-off from the development would increase the existing Kelly Ave. drainage problem. Zoning Administrator Mabusth confirmed Mr. Hooks comments on the drainage problem and stated the only way to solve the problem would be installation of a storm sewer. Jim Shaver noted that their engineer has advised him that single family residential development would create less run-off than duplex development. Phil Nelson suggested small retention areas for the shared driveways to retain the water until the lower basin drains. There were no other comments from the public at this time. Public hearing to be continued. It was moved by Chairman Kelley, seconded by Bellows, to table this application per staff recommendation. Motion, Ayes 6, Nays 0. MIHUTBS OP THE PIAniHG COMHISSIOH ITIHG HELD AUGUST 17, 1987 IE #1056 OIAI BAMSOM 1390 RAILROAD AV] VARIASCB REFERRED BACK TO PLAMMIMG COMMISSION Attorney Debra Page representing applicant's, Olai 6 Hilda Hanson, was present for this matter. She noted that the Hansons and Goldens have settled on a lot line redefinition. She reviewed the reasons for requesting a side setback variance to construct a detached garage as follows: 1. Placement of garage on west or south of the proposed location would involve costly soil correction where former septic tank and drainfield is located. 2. Reduce the sharp angle of entry into the garage from the driveway on the north side of house. It was noted that the Hansens are elderly individuals who would have difficulty maneuvering their car in and out of the garage if the turning radius for the driveway were any tighter than presently proposed. 3. Keep a larger usable lawn area for this relatively small lot. Henry Reiss, Olai Hanson's son-in-law, was also present and noted that the proposal was for a two stall garage. Attorney Dan Bergeron representing the neighbor, Mrs. Golden, verified that a lot line redefinition has been agreed upon. He noted that Mrs. Golden objects to the granting of the variance feeling that a garage 4.7' from the redefined lot line is too close and would cut off light to her existing garden; and would diminish the value of her property. It was noted that Mrs. Golden's garage was on the Hanson property before the lot line redefinition and now has been verified as being on her property since agreed upon lot line redefinition. Planning Commissioner Hanson suggested moving the garage south and providing the turnaround on the north side rather than on the south side. Assistant Zoning Administrator Gaffron and Ms. Page noted that the garage would then be in the disturbed soil area which would involve costly soil correction suitable for a garage slab and structure. It was noted that this same situation would hold true if the garage were moved to the rear of the property over the former drainfield area. HIHOTBS OP THE PIMDIIHG COMUSSIOH TIHG HELD AUGUST 17, 1987 #1056 HAESOE COETIW Carol LaQuay, 2080 North Shore Drive, owner of property abutting the Hanson property, voiced concern that the Hanson/Golden lot line redefinition altered her property line according the Holms Knutson survey she received. Chairman Kelley advised Ms. LaQuay to contact the surveyors and attorneys involved if she felt there was a problem with her property line location. Assistant Zoning Administrator Gaffron explained to Ms. LaQuay the Hanson/Golden lot line redefinition in which he felt did not affect the LaQuay property line in any way. Regarding the proposed location of the garage, Bellows stated that although there are alternative locations, she felt the proposed location was the easiest and best alternative noting that the proposed garage did not abut another structure nor was a fire hazard. Johnson concurred with Bellows finding that the proposed location of garage caused no light enfringement on Mrs. Golden's garden due to the size of lots. Planning Commissioners Hanson and Cohen felt the 10* setback should be maintained due to the opposition by Mrs. Golden. There were no other comments from the public. It was moved by Cohen, seconded by Planning Commissioner Hanson, to deny the variance recommending that the 10' side setback be maintained per staff recommendation. Motion, Ayes 2, Nays 4. Bellows, Johnson, Kelley, and Brown voted nay. Motion denied. It was moved by Johnson, seconded by Chairman Kelley, to recommend approval of the variance of a side setback variance of no less than 4.6' as proposed finding no light enfringement upon the Golden property. Motion, Ayes 4, Nays 2. Cohen and Hanson voted nay. Motion carried. 11172 CHRISTINE BECK 3820 CHERRY AVENUE VARIANCES CONTINUATION OP PUBLIC HEARING 7:52-7:56 Christine Beck and her son, James Deck, were present for this matter. Zoning Administrator Mabusth explained the request to construct a deck consisting of 454.4 s.f. of area. MmOTBS OP THE PLMniVG COHHISSIOH TIBG AUGUST 17, 1987 #1172 BBC! COBTIBI •j.-r placed 27 feet from the lakeshore. The deck shall replace the existing cement stairs paved stepped walk, patio and storage structure located within 75 feet of the lakeshore. The total hardcover to be removed is 509.5 s.f. providing a final reduction of 55.1 s.f. or .5%. She also noted that wetland areas are credited against the hardcover, almost half of the property consists of wetlands. The existing steps and patio are 34' from the lakeshore, and the proposed deck is 27' from the lakeshore. James Beck explained that the deck is designed to provide a safe and easily negotiated access for elderly individuals, which replaces the old patio. Thore 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 variances per staff recommendation. Motion, Ayes 6, Nays 0. •1174 CRAIG K. AHDERSOM 375 LBAP STRBBT/3300 BAYSIDB ROAD SUBDIVISIOM SBCOBD RBVIEH Craig Anderson was present for this matter. Assistant Zoning Administrator Gaffron reviewed the preliminary plat drawing submitted by applicant and reviewed the staff sketch recommending to adjust the proposed property line to provide a larger building envelope for Lot 1 due to the steep slopes in Lot 1. Variances are needed for lot width at 50' setback for both lots. Craig Anderson was agreeable to staff's recommended lot line change. There were no comments from the public regarding this matter. Bellows stated that although the proposed subdivision technically was allowed, she felt it was bad planning to create two flag lots which would present many problems. She felt the lot would be appropriate for one house, but would not support the two flag lot subdivison. In response to the question of how this parcel of land's configuration came about. Assistant Zoning Administrator Gaffron stated that when the entire parcel was subdivided it left this back lot with two rectangular imnrrBS of thb puaniHG comissKm , I H >TING HELD AUGUST 17, 1987 #1174 A]n .4:[SON COHTINl lots for access on Bayside Road and Leaf Street. It was noted that mound systems would be required for both primary and alternative septic sites. It was moved by Johnson, seconded by Chairman Kelley, to recommend approval of the preliminary plat per staff recommendation. Motion, Ayes 4, Nays 2. Bellows and Cohen voted nay. Motion carried. #1177 TODD HATERS 3081 CASCO POINT ROAD AFTBR-THB-PACT CONDITIONAL USB PERMITAARIANCB PUBLIC HEARING 8:17-8:52 The Affidavit of Publication and Certificate of Mailing was noted. Present for this matter were Todd Waters and Dori Molitor and their Planning Consultant Greg Kopischke. Todd Waters addressed the mistakes and misconceptions made that led to the need for after-the-fact conditional use permit/variance. He stated that he never intended to mislead the City regarding his project. Chairman Kelley stated that at this point Planning Commission should not point blame, but concentrate on the alternatives to solving these problems. Zoning Administrator Mabusth explained that on May 11, 1987 Council approved variances to the average lakeshore setback for construction of a new residence. Neither staff. Planning Commission or Council realized that the one third of the lakeside of the structure was to be a walkout requiring additional excavation and encroachment into the lakeshore protected areas. The major issue is that the excavation involves major land alterations involving changes in existing drainage and alteration of the lakeshore bank that clearly were not required because of the walkout. The underground tile that carried drainage from the rear to the lakeshore was removed and a swale along the north side of the house was installed to maintain runoff from 5+ acre watershed to east or rear of property. Drainage did not drained to the rear basin as originally assumed but drained through Water's and neighbors to the north drainage tiles directly to lake. Greg Kopischke submitted photos of the original lakeshore yard «nd the present condition. He explained the drainage prvoblems that existed on the property and the proposed plan to solve these problems. NIVDTBS OF THE FLUmilBG O USSIOH rriHG HELD AUGUST 17r 1987 #1177 NATBRS COVTII It was noted that if Planning Commission recommends the previous contours be restored, that there would still be severe erosion problems along 1.1 grade slopes of lakeshore banks especially at those slope grades with the use of disturbed soils. Todd Waters stated that o\ur many years, there has been increased drainage problems on the property. To remedy the drainage problem, they propose a swale to filter sediments before run-off reaches the lake. Hanson felt the proposal was an excellent after-the-fact rational way to handle the drainage problems. Bellows felt there were no grounds to permit the excavation, pointing out that applicant contributed to the drainage problem by making a house footprint three times the size of the original footprint. She stated that Planning Commission would have never approved this type of grading before-the-fact. Johnson pointed out that in the original plans, it was believed that the drainage was directed away from the lake into a retention area. In response to Johnson's statement, it was pointed out the the plans did not show the catch basin that drained the water to the lake. Greg Kopischke explained their revised plan incorporating staff recommendation to soften the extent of retaining walls. Planning Commission Comments - Hanson stated he had no firm opinion regarding the grading that was done in a construction manner at this point short total replacement. Brown felt that the swale seemed to be an appropriate remedy. Cohen felt total replacement must be done in order to proceed any further to correct the drainage. Bellows felt the major issue is the amount of grading done in the 0-75', not the drainage. She felt that the drainage was a convenient explanation to grant the walkout design which never showed on the plans. Johnson concurred with Bellows, however, felt replacement not entirely reasonable. * MIHUTES OP TEB PIAMHIHG COHNISSIOH MBBTIBG HELD AUGUST 17, 1997 91177 MATBRS COHTIM ij There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Bellows, to recommend total replacement as close as possible to original state including tree plantings, noting that stabilization proced»’res may be required and that there will be no walkout and no swale. Greg Kopischke noted that the recommended motion was contrary to the City's preference for swale drainage. Bellows noted that the 0-7*^' grading that was done is also very much against the City'c policy. Brown suggested the City's engineers opinion on the drainage. Todd Waters stated that the present issue is drainage and the decision of what can be done at this point. He feels that the Planning Commission is basing their decision on the need to punish for this after-the-fact matter. He felt the Planning Commission should first determine if in fact there is a drainage problem. Chairman Kelley stated that Mr. Water had the right to request tabling the matter at this time. Todd Waters requested that Planning Commisssion table the application at this time. Chairman Kelley withdrew his prvious motion. It was moved by Chairman Kelley, seconded by Brown, to table Application #1177 per applicants request until the September 8, 1987 Planning Commission meeting. Motion, Ayes 4, Nays 2. Bellows and Cohen voted nay. Chairman Kelley, Hanson, Bellows, and Cohen all noted that tabling this application would most likely not change their recommendation of total replacement. Planning Commission directed applicant to work with City staff on proper stabilization of the property in the meantime. 8 Ml. •mniTBS or thb ruaniiHG cohmissioh nbetihg held aogust 17, 19S7 into CHAKLBS HAOLBR 2509 OELLT AVBHUB COMDITIOHAL OSB PBRMIT PUBLIC HBAR1B6 8x57-9:04 The Affidavit of Publication and Certificate of Mailing was noted. Candice Nadler was present for this matter. Zoning Administrat.»r Mabusth explained the request for a conditional use permit to allow land alteration within 75 feet of the shoreline property to repair 22 lineal feet of rip rap area damaged by ice flow heaving/pressure that has caused a buckling effect. Applicant proposed to level portions of the uplifted land and restore the topography to the former contours. Bellows voiced concerned with damage to trees. Candice Nadler stated that she is working with Bachman's on this project and that there will be no damage to any trees. Bellows felt that the project as proposed could not be accomplished without killing some trees. Chairman Kelley asked if any fill was proposed to be brought in. Zoning Administrator Mabusth stated that at this point no additional fill will be needed, however, if needed a specified amount of fill would be allowed in conjunction with this conditional use permit approval. Chairman Kelley stated if fill is needed to level the hole, it is acceptable. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Bellows, to recommend approval of the conditional use permit per staff recommendation and subject to no damage to trees and approval of additional fill if necessary. Motion, Ayes 6, Nays 0. NimiTBS OP THE PLAHNIMG CONMISSIOil NBBTIIIG HELD A06DST 17, 1987 #1182 LISA AMD NART7 DIP¥RICH-BLOCKSR 458 LIBDBH AVEHUB VARIAHCE PUBLIC HEARIE6 9?11-9:15 The Affidavit of Publication and Certificate of Mailing was noted. Lisa and Marty Dietrich-Blocker were present for this matter. Zoning Administrator Mabusth explained the request for a front setback variance to replace a foundation on the west portion of the west portion of the existing house; and extend construction of an open porch along the front line (west side) of the house. Marty Dietrich-Blocker stated that the west portion is the only portion without a new foundation. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Chairman Kelley, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. #1183 JACK SNEHSOH 3020 HORTH SHORE DRIVE APTER-THE-PACT VARIANCE PUBLIC HEARING 9:16-9:25 There were no comments from the public regarding this matter and the public hearing was closed. Mr. & Mrs. Jack Swenson were present for this matter. Zoning Administrator Mabusth explained the request for an after-the-fact hardcover variance to allow a deck platform within 75 feet of the shoreline. The structure contains four basic parts: landing, stairs, platform, and dock. The added hardcover is approximately 310.4 s.f. excluding the dock. The landing stairs and platform do not meet current standards involving dimension of an accessory structure; and based on current City policy, an accessory structure of this nature should not exceed 4 feet in width. Staff recommends denial and submitted an option to give applicant safe access from the grassed area to dock. Jack Swenson stated that extensive erosion required new rip rap to be done last winter which in turn destroyed the original platform. He noted that they replaced a similar structure that existed in the same location for many years. He also noted that no views were obstructed by the platform. NimiTBS OF THE PLAHIilMG O I :’:i SSION TIM6 HELD A060ST 17, 1987 *1183 ISOB COETIEDED Mrp. Jack Swenson stated that the platform was designed to accomodate the necessary cantilevered effect over the rip rap. There were no comments from the public regarding this matter and the public hearing was closed. Bellows felt that in some instances there should be exceptions to the rule to maintain some measure of grace to Lake Minnetonka. Therefore, she felt that the structure, in this unique situation, solved in a very elegant way a very difficult situation. She referred to the more extreme precedent situations on Long Lake. Hanson noted that the change in hardcover was inconsequential. It was moved by Hanson, seconded by Bellows, to recommend approval of the after-the-fact variance subject to the appropriate staff inspection and acceptance of structure as built and building permit obtained. Assistant Zoning Administrator Gaffron noted that approval of this variance will be perceived as the City giving in because it is after-the-fact, and recommended that Planning Commission give clear direction to staff regarding the findings for recommending approval that make this situation unique. Bellows and Hanson stated the following findings for recommending approval: 1. Exception precedents have been made, noting that this is not as an extreme situation. 2. Change in hardcover is minimal. 3. The proposal allows better designed access over the rip rap. 4. The proposal solves the issue of changing elevation. Motion, Ayes 4, Nays 2. Cohen and Chairman Kelley voted nay stating that it was aesthetically pleasing but should not be allowed and noted the precedent being set. Motion carried. NIHUTBS or THB PLAHHIMG COMMISSION !TIMG HELD A060S¥ 17, 1987 11184 6BBALD T. McCOORTHgT 1055 NBST FBRHDALB ROAD VARIAHCB PUBLIC HBARIHG This application was held over until the end of the Planning Commission meeting (9:55) for applicant/representative to be present. It was moved by Chairman Kelley, seconded by Cohen, to table Application #1184 until applicant/representative can be present. Motion, Ayes 6, Nays 0. •1185 GARY CARLSON 985 BD6EN00D HILLS ROAD RBNBNAL VARIAHCB8 PUBLIC HEARING 9:30-9:38 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth explained the request for renewal variances approved by the City in 1983 for construction of a house. Renewal variances requested as follows: Lot area variance - existing 1.5 acres required 2.0 acres Front yard setback variance - proposed 31* front lot line required 50* front lot line proposed 27* from undeveloped road easement The proposed building site and septic test envelope are the same as proposed in 1983. The severe slopes to the east require that the house be positioned closer to the west side taking advantage of the more gentler slopes along the west edge. The location of the only suitable septic sites on the property also places restrictions on the gentler sloped areas for building. Present for this matter were Gary Carlson and co­ applicant Edward Zimmerman of G.A. Carlson Homes. Mr. Zimmerman reviewed and submitted the Howell plat of 1983 noting that the variances requested are consistent with developed neighborhood homes. He noted that this is the last house to be built in Edgewood Hills. He also noted that the neighbors are in favor of this application. Neighbor , confirmed proposal. Phillip Harris, 985 Edgewood Hills Road that the neighbors were in favor of the There were no other comments from the public and the public hearing was closed. MIHDTBS OF TBB PIJUnilHG COMMISSIOH MBBTIH6 HltTJi A06CST 17, 1987 ij > •#1185 CARLSON COHTIN1 It was moved by Cohen, seconded by Bellows, to recosunend approval of the renewal variances per staff recommendation. Motion, Ayes 6, Nays 0. ZONING AMENDMENT - STANDARDS FOR ACCESSORT STOCTURES It was moved by Chairman Kelley, seconded by Cohen, to table this matter until the September 8, 1987 Planning Commission meeting per staff recommendation. Motion, Ayes 6, Nays 0. •1169 NILLIAM NEAR 2950 HATERTOHN ROAD SEETCH PLAN REVIEM OORCEPTUAL DIRECTION TO APPLICANT Present for this matter were William Wear and Philip Wear. Applicant has submitted three conceptual plans for Planning Commission consideration as follows: Option A is an 7 lot plat which require** four lot width variances along a straight lineal roadway. Staff is not in favor of this option, questioning the hardships. B is a 6 lot plat which is staff's preference. Pending septic testing, applicant could proceed with formal action on the preliminary plat. Option C is a 6 lot plat with an future through road access outlet (A) and two additional lot outlets (B & C). Staff noted that such outlets (B & C) tend to go tax forfeit and major problems for the City because no one is responsible for maintenance of property. Cill Wear stated that his preference of Option C. He explained the purpose of Outlets B & C is for future development because he believes that in the future (20- 50 years) the property will be sewered which would make these outlets buildable. Chairman Kelley and Cohen favored Option C because of the road alignment. To protect the City, it was recommended filing against the chain of title that Out lots B & C are deemed unbuildable until the area is sewered or rezoned. MIHDTBS OP THE PIAIIHIHG COMNISSIOM VIH6 HELD AUGUST 17, 1987 #1169 HEAR COHTIW •J > > Planning Cominission recommendations as follows: Hanson - Option C with NO contingencies on outlots Cohen - Option C " " " « « Brown - Option C with contingencies on outlots Johnson- Option C " " •. m Kelley - Option C " " « » Bellows- Option C " " mm (Planning Commission majority (4-2) prefered Option C with contingencies filed against chain of title that Outlots B 6 C are not buildable until area sewered or rezoned.) APPROVAL OP MINUTES It was moved by Bellows^ seconded by Cohen, to approve the Minutes of the July 20, 1987 Planning Commission meeting. Motion, Ayes 6, Nays 0. PLAMHIBG COMHISSIOH REPRESENTATIVE Bellows was appointed to attend the Augu*it 24, Council meeting. 1987 Cohen was appointed to attend the September 14, 1987 Council meeting. ADJOUR]IT 9:55 P.M. The Planning Commission meeting adjourned at 9:55 P.M. I