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HomeMy WebLinkAbout09-21-1987 Planning MinutesMIHDTBS OP THB PIAMHIHG COMMISSION MEETING HELD SEPTEMBER 21, 1987 ATTENDANCE 7:03 P.M. The Planning Commission meeting was held on the above date with the following members present: Chairman Kelley, Bellows, Cohen, and Hanson. Brown arrived at 7:08 and Taylor arrived at 7:14 P.M. Johnson was absent. The following represented the City staff: Building & Zoning Administrator Mabusth and City Recorder Peterson. CounciImember Callahan was also present . 11197 C. WICKS/W. PERRELL/G. COPFIN 3045/3085 NATERTOWN ROAD SUBDIVISION OP A lOT LINE REARRANGEMENT PUBLIC HEARING 7:14-7:17 The Affidavit of Publication and Certificate of Mailing was noted. Ward Ferrell, Arlo VandeVegte, and Gordon Coffin were present for this matter. Zoning Administrator Mabusth explained that this application is not actually a lot line rearrangement and the the review involves more of a corrective action to offset incorrect legal desriptions of properties originally created within Auditors Subdivision No. 230. Staff recommends af '"oval of the filing of the corrective survey t would redefine the legal descriptions of Lots 3, 4 and 5 Auditors Subdivision No. 230. Mr. Ferrell r.cted that the disputed property consisted of 33'. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to rerommend approval per staff recommendation. Motion, Ayas 6, Nays 0. #1201 M. HILBBLINK/J. VOGT 320 OLD CRYSTAL BAY ROAD NORTH CLASS III SUBDIVISION - PLAT PUBLIC HEARING 7:35-7:56 The Affidavit of Publication and Certificate of Mailing was noted. John Vogt, Mike Hilbelink, and surveyor Phil Nelson w’ere present for this matter. MIMUTBS OP THE PLIUnilllG COHHISSION TING HELD SEPTEMBER 21, 1987 • 1201 HILBBLIIIKAOGT CONTIHUED Zoning Administrator Mabusth explained the revised proposal per the Planning Commission directives from the September 8, 1987 sketch plan review meeting. All lots are now served by interior plat roads and all lots meet the required lot width at the rear of the required front yard setback line, but Lot 8 is optional. She reviewed the outlets for future development not to be constructed at this time, only as a potential through road if the City deems necessary. In response to Chairman Kelley's question. Zoning Administrator Mabusth stated that criteria considered by the City which may necessitate the through road would be changes in density resulting from sewer. She noted that the City is not intent on taking over roads serving areas at 2+ acre densities, which they would have to do if a through road was put in. Phil Nelson explained the contours and soils of the property noting that septic testing has not yet been completed, however, mound systems are anticipated for all lots. Bill Hull, 2445 Woodhaven Drive, stated his main concern is the traffic and safety with many small children in their area if a through road were constructed. He stated he has no objection with the plan as currently proposed. Allen Engleman, 316 Old Crystal Bay Road, voiced concern with damage to the road and bridge from heavy truck traffic from the existing and future develpment. He stated that these trucks are over the posted weight limit asking what the City intends to do about it. Mr. Fngleman was advised to submit photos that he has taken of such violators for appropriate staff person to enforce. Scott Goldsmith, 265 Old Crystal Bay Road, asked about the drainage from the proposed develepment; and will a nine lot plat create a need for a storm sewer. Phil Nelson stated that approximately 96% of the drainage will go to the drainage swale by the railroad tracks. He explained the drainage pattern which is not anticipated to change by the proposed development. Chairman Kelley asked if a berm along Old Crystal Bay Road was planned. NINUTBS OP THE PLJUniHG COHHISSIOil rriMG HELD SEPTl 21, 1987 •1201 HILBBLIHK/VOGT COHTIHUED Chairman Kelley asked Mr. Nelson if the farm property had any existing draintile currently assisting the drainage that would be disrupted by the development and change the drainage. Phil Nelson stated he was unaware of any existing draintile but would check into it. John Vogt stated that no berm is planned, however, as in the last development, the future property owner may desire a berm. Staff advised applicants that a separate conditional use permit and review wo.ild be required for any berm. Planning Commission voiced concern with Lot 7 (which is proposed at 6.’ acres) being subdivided in the future. Phil Nelson stated that due to the soils and need to provide primary and alternate septic sites, he is fairly certain Lot 7 could not be subdivided further. Zoning Administrator Mabusth concurred with Mr. Nelson on this point. Chairman Kelley recommended that a covenant be made to prohibit further subdivision of Lot 7. Bellows voiced major concern with very marginal soils and felt that the soils should also be tested for suitable building pads. She was not in favor of a subdivision requiring all mound systems stating that these systems are experimental and many have been known to fail. Zoning Administrator Mabusth stated that there is nothing in the platting code that would require soils tests to ensure buiIdabilicy. Serverely marginal soils have been used to construct homes and that construction of such foundations result in increased construction costs. Chairman Kelley stated that although the City does not require it, he advised applicants for their own interest to consider the marginal soils and possibly have the soils tested for suitable building pads. It was moved by Chairman Kelley, seconded by Hanson, to table this matter and continue the public hearing pending completion of septic testing. Motion, Ayes 6, Nays 0. MIHUTBS OP THE PIAMHIHG O ilSSIOH TING HELD SEPTEMBER 21, 1987 11201 HILBELIHKAOGT COHTIHUED In response to Bellows' concern. Zoning Administrator Mabusth stated that the City Engineer and MCWD will be reviewing the actual defined wetland area. #643 BRUCE 6 CAMILLE CURTISS 1920 PAGERMESS POINT ROAD RECONSIDERATION OP VARIANCE APPLICATION Zoning Administrator Mabusth explained the issues involved; 1) Providing a turn-around required as a condition for variances approved by Council on 9/14/81; b) allowing a 6' privacy fence that was constructed without Council approval and according to staff partially in the City right-of-way. Camille Curtiss was present for this matter and contended that they have no objection to installing the turn-around but believed that the City was opposed to the turn-around because it would result in more hardcover. Planning Commission and staff noted that based on the documentation from 1981 provided, the turn-around was required. Planning Commission recommended and Mrs. Curtiss agreed to installing the turn-around. Regarding the remaining issue of the fence, Mrs. Curtiss stated she was unaware that an additional permit was required for the fence ana questioned that the fence was partially in the right-of-way. She noted that no further construction has been done on the fence since the City's stop work order posted 9/11/86, but it is essentially completed. She submitted a petition from her neighbors stating they have no objection to the fence. She stated that the fence is needed for the safety of children. Zoning Administrator Mabusth noted that in the 1981 review, the narrow depth of the lot and minimal grassed yard area was discussed. There was no discussion of a fence found in the review of that application but it is applicable in the application for reconsideration. Chairman Kelley suggested that a shorter than 6' fence could serve the safety and privacy concerns. It was moved by Chairman Kelley, seconded by Hanson, to table this matter pending an official survey to determine proper fence location. Motion, Ayes 6, Nays 0. MIHOTBS OF THE PLMmiHG COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1171 LANDMARK COHSTRDCTION INC. 3820 AND 3830 BATSIDE ROAD CLASS III SUBDIVISION PRELIMINARY SUBDIVISION SECOND REVIEW It was noted by residents present that they never received notification ot this matter. Zoning Administrator Mabusth stated that notices were mailed to all property owners on the list submitted by applicant according to the signed Certificate of Mailing. Chairman Kelley noted that no action has been taken on this proposal and the residents still have the opportunity to make comments. Paul Swanson, President of Landmark Construction, was present for this matter. He reviewed his revised proposal which has eliminated the need for a vacation. All three lots will access from a private road. He is asking for riparian access for all three lots, noting that there is approximatley 420 lineal feet of shoreline (including inlet) (approximately 200 lineal feet excluding inlet) for the riparian outlot. Zoning Administrator Mabusth confirmed that septic testing has been completed and acceptable to staff subject to a minor revision to Lot 3 septic location. Paul Swanson stated that the County has approved the proposed access. Hazel Anderson and her daughter, Mary Anderson Swenson, 3780 Bayside Road, were present for this matter. Mary Swenson requested clarification driveway location in relation to her mothers' property. Paul Swanson explained that the platted corridor within Lot 1 was 30' wide but that a 12' wide driveway would probably be located further away from the Anderson lot line in order to save trees near the lot line. Mary Swenson also asked about the drainage impact on her mothers' property. Paul Swanson stated that the driveway will act as a natural dam avoiding any drainage onto the Anderson property. Steve Gardiner, 3770 Bayside Road, voiced concern with the close proximity of the cul-de-sac to his property and garage. II AWTTT377 roiv«] [•mil I M fTsim r«7sTi :-r*T#lTTr r«lili [•jiifi Mira* L•Xc^^ri MINUTES OP THE PIANHING O IISSIOH TING HELD SEPTEMBER 21, 1987 #1177 HATERS COHTIHI II > I Todd Waters wished to express how extremely distressing this situation is and hoped to find a mutually agreeable solution. He noted two issues of consideration: 1. A solution to relieve the normal drainage problem from five acres watershed. 2. Accomplishing the drainage in accordance with environmentally protecting the lake. He also thanked the City staff for assistance in participating in the Parade of Homes. Greg Kopischke explained the purpose of the proposed swale and the efforts made to cause the least visual and environmental impact. He noted that the existing private 8" pipe for drainage, which was installed in the 1930's, is inadequate even for a normal rainfall. Regarding the hardcover on the property, Todd Waters noted that there is less hardcover now than what previously existed with the old house. In response to Chairman Kelley, Zoning Administrator Mabusth stated that the plan has been reviewed by the City Engineer and she verified that the plan would function as proposed. Chairman Kelley voiced his irritation about what has happened on this property and would like to see it put back to its original state knowing that it may be unrealistic at this point. He finds it very hard to approve this proposal. Greg Kopischke agreed that this was an unfortunate happening, but believes that the proposal submitted is the best solution to the existing condition i.e. stabilizing the slopes and handling the drainage problems . Bellows felt this situation is inexcusable and is having a hard time approving a solution submitted by an engineer hired by the applicant. She felt an alternative solution should be submitted by the City Engineer . Cohen felt approval of the proposal would be setting a precedent . Todd Waters felt there were no other viable alternative plans. It was moved by Cohen, seconded by Bellows, to recommend denial of the after-the-fact conditional use permit as proposed. Motion, Ayes 6, Nays 0. MIHDTBS OP THE PLANNING COHMISSION : IH :■TING HELD SEPTEMBER 21, 1987 11193 THOMAS BUBER 2615 SBADTNOOD ROAD VARIANCE CONTINUATION OP PUBLIC HEARING 7:05-7:09 Tom Huber and David Kjellsen were present for this matter. Zoning Administrator Mabustb explained the request for a setback variance to install a pool in front of the front line of the house. Reasons being the rear yard towards the south occasionally retains water as close as 60' from the house; and the interior layout of the house would suggest not place the pool at a functionable location. Staff recommends approval based on these hardships. Staff further recommends that a legal combination of the two separate tax parcels be required as a condition of approval. Mabusth noted that all proposed improvements meet the required street setback. It was also noted that this property has two access and staff recommends that these accesses be reviewed by the Public Works Coordinator. There were no comments from the public regarding this matter and the public hearing was closed. Brown asked if the proposed plans would have any visual impact on the neighbors. Mr. Huber stated that the neighbors have seen the plans and have no objections. Zoning Administrator Mabusth noted that this property is heavily screened from the neighboring properties as well as being higher in elevation. It was moved by Chairman Kelley, seconded by Hanson, to recommend approval per staff recommendation and subject to legal combincition of the two separate tax parcels; and further recommends that the two accesses be reviewed by the Public Works Coordinator. Motion, Ayes 5, Nays 0. (Taylor was not present to vote on this matter.) #1196 DENNIS McGREEVY 3405 EASTLAKE STREET VARIANCES CONTINUATION OP PUBLIC HEARING 9:30-9:41 Dennis McGreevy was present for this matter. Zoning Administrator Mabusth explained the request for front setback and side setback variances to construct a three season porch on top of an existing deck located on a substandard lot. 8 HIHUTES OP THE PIAMMIIIG CQNHISSION NBBTIIIG HELD SBPTBNBBR 21, 1987 11196 McGRBBVT COHTI» Chairman Kelley explained to the applicant staffs recommendation to table this application until City sewer is available and hooked up to this property because the three season porch would add additional living space creating potential stress to the septic system. Chairman Kelley asked staff the status of the sewer project. Mr. McGreevy stated he is not against sewer, however has heard about an impending sewer project for the last 7 years. Zoning Administrator Mabusth stated that staff is in the process of preparing a report analyzing size of lots in relation to existing imporvements and available area for septic expansion in addition to an evaluation of each lot's present conformance. The report should be submitted to Council sometime in early winter. She noted that sewer effectively could be called and ordered within a year. Chairman Kelley felt three years from now would be a more realistic projection. It was determined that the existing deck has been inspected and consisted of 42" frost footings. However, it is unknown if the existing deck could support the proposed 3-season porch. In response to Chairman Kelley's question, Mr. McGreevy stated he currently has a shed, no garage, and has no plans to build a garage. In addition, the 3-season porch will not be heated and the addition will be in line with the adjacent homes. Taylor stated that in an analysis of substandard lots and realistically considering appropriate uses of the properties and maintaining a certain degree of consistency among the properties, he felt the proposal was appropriate in relation to the adjacent homes. There were no comments from the public and the public hearing was closed. It was moved by Brown, seconded by Cohen, to recommend approval front setback and side setback variances to construct a three season porch on top of an existing deck located on a substandard lot based on the rationale of Commissioner Taylor's statement. Motion, Ayes 6, Nays 0. IIIHUTBS OF THE PIAHNING COiMISSIOM TING HELD SEPTEMBER 21, 1987 #1198 DAVID NM. RAHN 1134 HILDHDRST TRAIL VARIANCE PUBLIC HEARING 9:42-9:51 The Affidavit of Publication and Certificate of Mailing was noted. David Rahn and his father Lyle Rahn, 1146 Wildhurst Trail, were present for this matter. Zoning Administrator Mabusth explained the request for a setback variance to construct a 24'x 26' detached garage 12' in front of the front line of the house. Steep topography and well location prohibit locating the garage elsewhere on the property. Bellows suggested a tandem 4 car garage which would decrease the setback variance needed. David Rahn felt a tandem garage would be impractical for his purposes and still would require a setback variance. There were no comments from the public regarding this mattar and the public hearing was closed. Taylor felt that if a setback variance would be necessary in either case, the most practical alternative to the owner should be considered. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval of a 23' setback variance per staff recommendation. Motion, Ayes 6, Nays 0. #1199 RICHARD k GAY KELLY 425 OXFORD ROAD VARIANCE PUBLIC HEARING 9:52-10:06 The Affidavit of Publication and Certificate of Mailing was noted. Richard & Gay Kelly were present for this matter. Zoning Administrator Mabusth explained the request for an average lakeshore setback variance to construct a new residence. Staff feels that a 70' encroachment in front of an average setback line is severe and finds no hardship to support the variance, therefore, recommends that the proposed residence be moved back. Mr. Kelly stated that moving the house back would require removal of mature trees. HINUTES OP THB PLAimiHG O IISSION : I j-TING HELD SEPTEMBER 21, 1987 §1199 KELLY COHTIN1 II :-i I Bellows felt that the trees in question should be verified on the survey. Chairman Kelly noted that all structure i.e. dec'cs should be included in the footprint on the survey. He also explained to applicant the purpose of the averc.ge lakeshore setback to avoid the "creeping" of structure in the lakeshore area. Regarding the septic testing, Mr. Kelly stated that they anticiocte a mound system, and would like to submit the testing i design information with the building permit application. Staff advised that septic testing should be ordered as soon as house location is determined and that it would appear from location of test site that addiitional testing will be necessary. There were no comments from the public. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending additional information on the survey. Motion, Ayes 6, Nays 0. #1200 THOMAS SCHERBER 1820 SHADYHOOD ROAD VARIANCE PUBLIC HEARING 7:16-7:23 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth explained the request for a hardcover variance to build a 6'x 14' second story deck from the the existing sliding doors extending off the master bedroom. Applicant expressed concern with the safety issue of this situation. Applicant proposes to remove a 200 s.f. concrete slab and construct a 84 s.f. deck which would mean a net decrease of 116 s.f. in hardcover in the 75-250' zone. No hardcover changes proposed in the 0-75' and 250-500' zones. Thomas Scherber was present for this matter and stated that the sliding doors were already in placed when he purchased the house in August, 1986. Chairman Kelley asked if applicant intended to connect the proposed deck across to the other deck. Mr. Scherber stated that at this time, he had no intention of connecting decks. MINUTBS OF THE PIAHIilHG O USSION MEETING HELD SEPTEMBER 21, 1987 §1200 SCHERBER COHTIIIUBD There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked if applicant would be content with only a 6' wide deck which, to Hanson, seemed fairly unuseable. Mr. Scherber stated the proposed size was adequate. Bellows noted that the Planning Commission did not have to approve construction of a deck merely because "somebody" installed a sliding door. She noted the option of a New Orleans balcony which is essentially a protective rail for the sliding doors. It was moved by Chairman Kelley, seconded by Bellows, to recofumend approval as proposed per staff recommendation, and subject to removal of the concrete slab prior to final inspection of the deck. Motion, Ayes 6, Nays 0. #1202 PAUL SCHUELLEP. 1280 SPRUCE PLACE VARIANCE PUBLIC HEARING 7:24-7:30 The Affidavit of Publication and Certificate of Mailing was noted. Paul and Susan Schueller were present for this matter. Zoning Administrator Mabusth explained the request for a front setback variance and hardcover variance to construct a 24'x 40* detached garage 3* from the side lot line and increasing the 75-250* hardcover by 1,291 s.f. Applicant currently has no garage and needs storage area. The existing sewer line prohibit an alternative location in addition to the 50* wide lot which prevents access to the garage doors from the side. Chairman Kelley felt there was a definite need for a garage but the proposed size of garage was not appropriate for this lot. Bellows agreed that the proposed size of garage was inappropriate for the neighborhood. Brown agreed with Kelley and Bellows. Mr. Schueller stated he had many items to be stored including a boat. Zoning Administrator Mabusth noted that applicant have tried, unsuccessfully, to acquire additional property. NIHDTBS OP THE PLAMHIMG COHMISSIOH MBBTIH6 HELD SEPTEMBER 21, 1987 II :^i#1202 SCHDELLBR COHTIMI Chairman Kelley read into the record a letter of non­ objection from neighbor Jeffrey Page, 1300 Spruce Place. It was noted that an average double garage size is 24'x 24' . There were no comments from the public regarding this matter and the public hearing was closed. Based on the Planning Commissions comments, Chariman Kelley asked applicant if he would like a recommendation of his proposal as submitted, or a recommendation based on a smaller 24*x 24* garage. Mr. Schueller asked Planning Commission to act on the proposal for a 24'x 24* garage. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval of variances to construct a 24'x 24* garage per staff recommendation. Motion, Ayes 6, Nays 0. Hanson noted that applicant could obtain additional storage in the attic of garage. Mrs. Schueller also noted that due to the topography, a stall for boat storage may be accomodated with a basement in the proposed garage. APPROVAL OF MINUTES It was moved by Cohen, seconded by Hanson, to approve the Minutes of the September 8,1987 Planning Commission meeting as submitted. Motion, Ayes 4, Nays 0, Abstentions 2. Chairman Kelley and Taylor abstained because they did not attend that meeting. PLANNING COMMISSION REPRESENTATIVE Taylor was appointed to attend the October 12, Council meeting. 1987 ADJOURNMENT 10:08 P.M. The Planning Commission meeting adjourned at 10:08 P.M.