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HomeMy WebLinkAbout11-16-1987 Planning MinutesMINDTBS OF THE PLAmilHG COMMISSION TING HELD NOVEMBER 16, 1987 Km AHCE 7:05 P.M. The Orono Planning Commission met on the above date with the following members present: Acting Chairman Bellows, Johnson, Hanson and Brown. Taylor arrived at 7:18 P.M. Chairman Kelley and Cohen were absent. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. CounciImembers Goetten and Callahan were also present. #1218 THE ESTATE OP ROTH SMITH 387 ORONO ORCHARD ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:0S>7:13 The Affidavit of Publication and Certificate of Mailing were noted. Attorney Betsy Baker was present representing the Estate of Ruth Smith. Mabusth explained the request to subdivide a 16.1 acre tract into 2 lots as follows: Lot 1 *= 2.706 acres total (2.62 acres dry) Lot 2 = 13.426 acres total (11.1 acres dry) All existing structures appear to meet required setbacks for the RR-lB zoning district. Staff recommends tabling the application pending resolve of the location of existing septic system on Lot 1; amending the preliminary plan to designate wetlands to east on Lot 2 and redefine dry buildable area on Lot 2; realign shared lot line for Lots 1 and 2 and designate a platted access corridor for Lot 2 to Orono Orchard Road. It was noted in staff's memo the issue of the transfer of land by Spencer Smith to Cedric Dettloff in the late 60's. Planning Commission will be expected to make a recommendation to Council regarding the issue of the illegal sale and violation of the subdivision regulations of the City. Regarding the penalty. Attorney Baker stated that the property is owned by the estate and the income from the estate goes to three charities (The National Wildlife, The World Wildlife Fund, and The Christian Children's Fund), and therefore, enforcing a penalty on the estate would not actually be penalizing anyone. The estate agrees that the application should be tabled at this point. She noted that the estate does not own the property over which the new access would be located, however, they are trying to work out this situation. She noted that the issue regarding the dedication of right-of-way will remain regardless of this subdivision. i MiaOTBS OF THE PUUnilHG COMMISSIOfl TING HELD NOVEMBER 16, 1987 11218 THE ESTATE OF ROTH SMITH CONTIM1 Hanson noted that he has a personal interest in this property but no financial interest, therefore felt there was no problem with voting on this application. Brown noted that several of the accessory structures on the property are in a state of disrepair and asked how the City could deal with that. Mabusth stated that the condition of the accessory structure are not related to the subdivision, hoewever, the City can inspect the structures and consider them under separate hazardous buildings proceedings. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Johnson, to table this application pending additional information per staff recommendation. Motion, Ayes 4, Nays 0. #1104 GREGG PERL 309 WESTLAKE STREET VARIANCES CONTINUATION OF PUBLIC BEARING 7:14-7:22 Gregg Perl was present for this matter. Gaffron explained the request for rear and side setback variances and height variance to construct an addition to existing residence. Applicant requests a setback variance for the garage to be located 2' from the house structure, which staff recommends should be denied and structures should be attached for safety reasons. Regarding the height variance, he explained that a variance would not be required if the peak did not have open space, however because the peak is open space with window, a variance is required. Regarding the septic system, applicant plans an interim repair of the system until it is known whether City sewer will come in in the next few years. If sewer does not come through, a mound system is anticipated with no alternate site tested to date. Staff finds no problem with the proposed interim repair. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by Johnson, to recommend approval of the variances per staff recommendation including attaching the garage to house structure. Motion, Ayes 5, Nays 0. ■nniTBS or the plaioiiiig commissioh rriHG HELD EGV1 16, 1987 •1107 N. LEHIS/E. TRETTBL 475 LIEDEH AVBHUE VARIAHCE COHTIHUATIOH OP PUBLIC HEARIEG 7:24-7:56 William Lewis and Kathleen Trettel were present for this matter. Gaffron explained the request for a lot area variance for construction of a residence. The lot is .61 acres in an area zoned 1 acre. The .61 acre lot size is consistent with the neighborhood lots. He reviewed lI.c required setbacks that must be met on the lot in order to build a house. The lot has been assessed for City sewer. He noted that the neighbors are concerned with the drainage and existing culvert. Mr. Lewis stated that prior to buying the lot a lot area variance was granted and noted they have been paying the sewer assessment for a buildable lot. Gaffron read the minutes from the August 11, 1980 Council meeting which approved the lot area variance. Bellows stated she was not convinced that the lot was buildable. She was concerned with the access and structure location. Mr. Lewis stated he planned to build in the next couple of years noting he could not build this year because he is currently working in Nashville, Tennessee. Marty Blocker, 450 Linden, felt Planning Commission should not make an objective decision until reviewing the access, location of structure, and elevations. Mr. Lewis stated that would require a lot of investment and detail prior to obtaining a variance. Hanson shared Bellows' concern regarding addressing the access, but felt the building envelope does allow a buildable house. Regarding the access, Mr. Lewis stated they have considered access off of Oak Street given the steepness of a driveway off of Linden Ave. Charles Hommeyer, 4126 Oak Street, stated he was concerned with the drainage with the Increased hardcover and felt it unrealistic to build a house on the lot without changing the drainage. MIHUTBS OF THB PLAMIIIH6 C»MlSSlGH STIHG HBU> HOVBlfBBR 16, !§•? II > I•1107 LEHIS/TRBTTBL COMTIW Gaffron explained the City Engineer's recommendation to upgrade the culvert to solve the additional drainage from the building site. The question is who should pay for the cost to upgrade the culvert? Staff feels that the two property owners that would directly benefit from the culvert upgrade are Homineyer at 4125 Oak Street and Roland/Roden at 4119 Oak Street, noting that applicant receives an indirect benefit by the existence of the culvert. Ken Roland, 4119 Oak Street, stated he was concerned that the lot area variance would be granted and the property would be sold with new owner requesting additional variances to build the house. Bellows explained that the variance is in effect for one year and runs with the property, not the owner. Additional variance requests would have to be reviewed and approved by the City. Ann Hommeyer, 4125 Oak Street, stated it was her understanding that if the variance is granted and the culvert is upgraded they would have to share in the cost of the upgrade, however, they have had no problem with the culvert as it exists with maintenance. Hanson felt the drainage may involve legal issues that should be addressed by the City Attorney. Taylor noted that staff recommendation states that "Improvements to the property may not change the drainage pattern in the neighborhood. Applicants shall share in the costs and shall share in the responsibility for improvements to the drainageway and culvert underneath the driveway serving the two properties to the west." He felt, based on comments made, that the parties affected by this application are in now in a position to deal with staff recomnendation. Brown felt that the issue of who pays for the culvert upgrade cost is beyond the Planning Commission's scope. Taylor suggested tying the condition of no change in drainage and/or resolve of drainage prior to issuance of building permit. Mabusth stated that tying this condition to the issuance of a building permit is acceptable. There were no other comments from the public and the public hearing was closed. iUMtinK OP THE PLMniHG COMMISSIOH MBBTIHG ■Q¥BMBBR li» 1987 • I .<41•1107 LBHIS/ntXTTBL COHTIV It was Boved by Bellows, seconded by Taylor, to recoirmend approval of the renewal variance per staff recommendation subject to the following condition: 1. At the time of building permit review, sufficient information shall be submitted to the City for staff to make the determination that the drainage pattern will not be "adversely affected" by improvements to the property i.e. Condition #6 must be satisfied. Motion, Ayes 5, Nays 0. #1207 GSn AHD CATHSRIHB SCAHLOH 2815 CASCO POIHT ROAD VARIARCBS CORTIHUATIOR OP POBLIC HBARIHG Mabusth stated that applicant has requested that their application be tabled until further notice. > II rs #1209 TINA ffHITB 2150 PROSPECT AVI VARIARCB CORTIROATIOH OP PUBLIC HBARIHG 8:04-8:06 Tina White was present for this matter. Gaffron noted that applicant has provided a design plan showing elevations of the proposed solarium, and has submitted a diagram of the room layout of the existing house per Planning Commission direction. Applicant requests a side setback variance to replace an existing porch with a solarium. Tina White noted that all other locations for the solarium would require a variance, except the north side which is not a desireable location for a sunroom; and the main purpose for the solarium is to replace the deteriorating porch. Johnson agreed that the proposed location is the only feasible location for the solarium, therefore, he is in favor of the request. Brown questioned the hardship feeling the porch could be replaced in the same footprint that exists. Tina White stated that the dimensions of the factory built solarium to match the pitch of the house are larger than the existing porch. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Hanson, to recommend approval of the sideyard setback variance as proposed per staff recommendation. Motion, Ayes 5, Nays 0. 1 mMUTES OP THE PLIODilHG COMNISSIOH TI«G HELD HOVl 1C» 1987 #1215 SMITH BET HERIHE 1955 SHORELIME DRIVE COHDITIOHEL USE PERMIT SBCOHD RBVIEN Gerald Toberman was present for this matter. Mabusth showed the Planning Commission a photo of a seawall similar to the proposal. She noted that a site plan has been submitted and the photo submitted in place of elevations. Taylor felt that it would be an improvement to the neighborhood. Bellows felt the proposed seawall was a better alternative to rip lap. She recommend staff approve the treated wood that is used for caps. It was moved by Hanson, seconded by Bellows, to recoRonend approval per staff recommendation subject to building permit being obtained and treated wood or alternative cap being approved by the Building Inspector. Motion, Ayes 5, Nays 0. #1217 JAMBS TAYLOR/J.M.PBAROM 1160 TOMEAMA ROAD VARIANCE PUBLIC HEARING 8:13-8:21 The Affidavit of Publication and Certificate of Mailing were noted. Applicant James Taylor and owners, Michael & Julie Fearon, were present for this matter. Gaffron explained the request for a hardcover variance to allow replacement of an existing block patio with a larger ground level deck. The proposal includes a 7 foot screening wall along the south side of deck. Staff finds no view encroachment. 75-250' proposed hardcover is 36.6% (34.2 existing). Staff finds little extraneous hardcover that could be removed as a trade-off. James Taylor submitted photos of the two adjacent properties that have decks located in front of the proposed deck. Commission member Taylor noted the letter from the Fearon's regarding the proposal and hardship. Hanson felt the impact of increased 75-250' hardcover would be minimal. NiaOTBS or THE PUynilHG CO SSlOH : I TIMG HELD BOVBIIBER 16, 1987 II > I§1217 TETLOR/PBEROH COHTIBI There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Brown, seconded by Hanson, to recommend approval as proposed. Motion, Ayes 5, Nays 0. #1219 OROHO COHMCmiTT CHURCH 770 OLD CRYSTAL BAT ROAD _ AFTER-THE-FACT COHDITIOEAL USE FBRMIT PUBLIC HEARIB6 8:22-8:26 The Affidavit of Publication and Certificate of Mailing were noted. Ingeborg Cici, Owner/Director of the Busy Beaver Day Care, and Gary Connell, representing the Orono Community Church were precent for this matter. Mabusth explained the request for the after-the-fact conditional use permit application of Orono Community Church that would allow designated areas of the church facility to be used by Busy Beaver Day Care for day care use, which Planning Commission and Council have conceptually approved. She noted that all conditions requested by the Building Inspector have been complied with. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by Johnson, to recommend approval per staff recommendation. Motion, Ayes 5, Nays 0. #1220 ROBERT KOEHHEH 537 HANLON AVENUE VARIANCE PUBLIC HEARING 8:27-8:29 The Affidavit of Publication and Certificate of Mailing were noted. Robert Koehnen was present for this matter. Gaffron explained the request for a front setback variance to construct a 16'x 24' room addition to the south side of the residence. The addition continues the front and rear lines of the existing house, which is slightly skewed on the lot resulting in a slightly decreased front setback from what now exists. The addition will be 38' from the edge of the traveled roadway. Due to the location of the existing house, any addition would require a setback variance. MIHUTBS OP TBB PLMOilHG CXNflUSSI TIHG HSLO HOITBilBBR 1987 11220 KOI corriHOBD Bellows asked applicant why the addition could not be constructed on the west side which would be in the actual building envelope? Mr. Koehnen stated he would like a southern exposure for the addition; and a hill and walkout basement prohibit the addition on the west side. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Brown, to recommend approval per staff recommendation. Motion, Ayes 5, Nays 0. •1221 GARY BKLOP 6 CATHY LBB 1965 PAGBRMBSS POIHT ROAD VARIABCBS PUBLIC HBARIBG 8:30-9:04 The Affidavit of Publication and Certificate of Mailing were noted. Gary Eklof and Cathy Lee were present for this matter. Gaffron explained the request for setback and hardcover variances to remodel/expand house, and attach garage. The proposed construction as follows: 1. Remove existing non-conforming garage, attach new garage and mudroom to existing house. 2. Add new foyer and deck/stairs on street side. 3. Put new foundation under existing house which requires raising it. 4. Add second story over portion of existing house in 0-75' zone, 8' from side lot line. Variances requested as follows: 1. 0-75' hardcover: existing = 39.0% (no change proposed ) 2. 75-250' hardcover: existing = 27.6% proposed = 34.1% 3. Structure addition in 0-75' zone. 4. Structure addition within 8' of side lot line (10' required). 5. Continue existing 1' house encroachment into average lakeshore setback; add 4' 2nd story deck with total average setback encroachment of 5'. 6. Street setback for principal structure of 20' (30' required) (Garage doors 25'-35' from right-fo- way, no turnaround provided). 8 MIK .tSS OP THE PIAHMIHG COMMISSIOH MBBTIHG BBLD HOVBNBBR 16, 1987 #1221 BELOP/I.BB COHTimiBD Referring to Exhibit H - survey of hardcover variances in immediate neighborhood, Gaffron noted that applicant's property has excessive hardcover in the 0- 75' zone and excessive total lot hardcover compared to the neighborhood lots. Based on the extent of work being done. Bellows thought that it may be better to start from scratch and rebuild. Cathy Lee stated that replacing the uniqueness of the existing structure would cost twice what is proposed. She explained that the summer rainsLorms did considerable damage to their pitch & gravel roof which leaked severely and damaged beamwork. According to three contractors, major repairs are necessary. Bellows noted that the issue of repairing storm damage is independent of the requests in this application. Bellows stated she had some very strong reservations regarding this very ambitious plan. She was concerned with Eagerness Point turning in to an area like Casco Point. She asked applicants what their hardship was involving the proposed improvements outside the existing envelope. Cathy Lee stated that the existing garage needs repair and therefore would like to replace it in a location to decrease the encroachment and provide a driveway area. Gary Eklof noted that the only addition hardcover proposed involves a much needed driveway. John Waldron, 1951 Concordia Street, stated he did not feel the proposal affected the density and felt it would be a significant improvement to the neighborhood and house. Taylor felt the relocation of the encroaching garage was an adequate trade-off for the additional hardcover. He is in favor of the proposal subject to the removal of an 8'xl2' boat house in the 0-75' zone. Brown felt the density issue is off-set by the home improvement and that the driveway was needed for safety reasons, therefore, in favor of the proposal. Hanson concurred with Taylor & Brown but felt some hardcover could be removed. Cathy Lee felt that the hardcover could possibly be reduced by removing the boat house, and slight modifications to the proposed driveway steps to foyer. MIBUTBS OF THE PIAinilHG COMMISSION MEETIHG HELD EOVEHBER 16, 1987 #1221 EKLOF/LEE COBTIEUED Jan Waye, 1885 Concordia, felt the proposal will upgrade the neighborhood. There were no other comments from the public and the public hearing was closed. Planning Commission discussed different options to reduce the hardcover. Cathy Lee felt there were a few discrepencies with staff's measurements and hardcover calculations. Johnson agreed that the proposal would be an improvement to neighborhood, however, felt Fagerness Point was already congested and found the proposed hardcover excessive, therefore could not support the proposal. It was moved by Bellows, seconded by Hanson, to recommend approval subject to: 1. Staff and applicant determining actual existing hardcover. 2. Removal of 350 s.f. of existing hardcover within the 0-75' setback. Motion, Ayes 3, Nays 2. Johnson voted nay finding the total hardcover excessive. Brown voted nay objecting to the recommendation to remove existing hardcover. #1222 JAM HAYB 1885 COMCORDIA STREET AFTER-THE-FACT CONDITIONAL USB PERMIT PUBLIC HEARING 9:21-9:22 The Affidavit of Publication and Certificate of Mailing were noted. Jan Waye was present for this matter. The application involves an after-the-fact conditional use permit for lakeshore restoration work already done. Staff recommended tabling this application to provide time for the applicant and applicant's contractor to meet with staff and the City Engineer to determine effectiveness of the technique used in stabilizing the steep lakeshore bank of the property and to determine what portions of the work should be removed. 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 table Application #1222 per staff recommendation. Motion, Ayes 5, Nays 0. MITOTBS OF THE PLAiniHG COMUSSIOH TIHG HELD EGVENBBR 16, 1987 §1223 JOBE B. HALDROE 1951 COECORDIA STREET COEDITIOEAL OSE PERMIT POBLIC HEARIEG 9:25-10:06 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for a conditional use permit to repair the lakeshore bank that was damaged during the "super storm". Applicant wishes to repair the damage by lowering the grade to create a walkout from the existing house, construct a retaining wall at that cut up to the house, and regrade the slope and seed it along the lakeshore. Proposal also includes a deck extending from the west side of the house where no deck previously existed. Applicant proposes to reduce some house hardcover by installation of gutters and a sealed pipe straight to the lake. This direct transportation of roof runoff water to the lake through a pipe is directly contrary to the City's philosophy that all roof anc other hard surface runoff should travel over and through the ground surface for filtration purposes prior to reaching the lake. John Waldron was present for this matter and explained that the storm was the impetus of this proposal. He explained the conditions of the SBA loan to be used for repairing the lakeshore and house improvements. He stated tne damage to the steep lakeshore bank is a serious physical hardship that must be remedied and believes that his proposal to reduce the slope is the best solution. He submitted a letter from Hennepin Conservation District which he feels addresses the slope problem and supports his proposal as the best solution. In general, he felt that, the proposal can only have a positive effect on the health, safety and welfare of the community, by protecting the lake from future pollution as a result of erosion and other runoff; and by adding a walkout and deck to the property, the proposal will only have a positive effect on the values of the property in the surrounding area. Regarding the transportation of roof runoff through pipe, he contended that runoff from the roof is clean, therefore, would not be detrimental to lake quality. He noted that he would use perforated pipe if necessary. Hanson noted the three other alternatives to applicant's proposal and suggested tabling this application in order to review the alternatives. MIMUTBS or TBB PLAHimK COHMISSIOH TIH6 HELD BOVEMBEK 1§, 1987 •i -r•1223 NJODROH COBTIHI John Waldron noted the drawbacks of retaining wall and stabilization fabric alternatives: Retaining wa11s involve extensive cost* are less aesthetically pleasing than a naturally vegetated slope, and do not guarantee the stabilization of steep slopes from a "super storm" event. Stabilization fabric would also require some grading to soften the steep slope. He addressed the many issues outlined in his letter dated October 22* 1987 included in staff's packet. Bellows noted that the City has an ordinance and guidelines regarding grading within the 0-75' lakeshore yard. She noted the three alternatives within the conformance of City guidelines to solve the erosion damage. She did not feel there was any connection with repairing the storm damage and the neccessity for a waIkout. Johnson voiced concern with controlling the erosion until the s^orm damage is repaired. John Waldron stated that he has placed hay bales at the top of the slope but the bales have since been pushed down the slope which he intends to replace. Staff suggested installation of a silt fence at the bottom of the slope at the lakeshore. Cathy Lee* 1965 Fagerness Point Road* stated they had a similar problem with a different property they owned* and the only method that was found effective was cutting back the slope. As a neighbor, they found the proposal less objectional than "cribbing". Taylor noted that none of the alternatives offered by the City Engineer or Hennepin Conservation District included a walkout. Brown noted that the City has not allowed alot of grading in the lakeshore yard and found very little difference in the City Engineer's recommendation vs. the recommendation of Hennepin Conservation District. He would therefore agree with staff recommendation of denial. Hanson felt he would need to study the information further before making a recommendation* and recommended tabling the application. There were no other comments from the public and the public hearing was closed. HIMITBS or ns FLAnirG comhissioh ;tihg ■OVBMBBII 16. 1987 #1223 HALOKOB COBTIl •J -» It was moved by Bellows* seconded by Brown* to recomicend denial of the proposed grading cuts to create a walkout and recommend that applicant submit a revised proposal for grading in order to repair and maintain his lakeshore bank; and recommend approval of the lakeshore deck proposal near the house as proposed conditioned upon concurrent removal of the 9'x 14' deck at the edge of the slope* resulting in a net increase of 37 s.f. of 0-75' hardcover - per staff recommendation. Motion* Ayes 4* Nays 0* Abstention 1. Hanson abstained. §1224 MimiBTOBKA BOAT liOASS 1449 SHOBKLIMB DRIVE APTBR-THB-PACT COBDITIOBAL OSB PBI PUBLIC BBARIBG 10:08-10:12 The Affidavit of Publication and Certificate of ^'ailing were noted. UTAARIABCB Byron Heimark was present for this matter Mabusth explained the after-the-fact conditional use permit/variance request for upgrading and expansion of the boat lift at Minnetonka Boat Wor»:s. The Orono facility will service 3 of the larger boats currently stored at the Wayzata facility. Council conceptually approved the request at their November 9th ."neeting. Bellows asked why the Orono facility must store the larger boats at this point? Byron Heimark explained that the Orono facility needed to replace their boat lift with a safer style which sre wider than the old style; and with the remodeling of the Wayzata ficility, they can no longer store the larger boats and meet the parking requirements. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows* seconded by Johnson* to recommend approval per staff recommendation. Motion* Ayes 5* Nays 0. NiaOTBS OP THE PIAmiSG COHMISSIOV TING HELD VOVEMBBR 16, 1987 #1225 JMf^ B. GILBraf 955 TOnUUni BOAD VABIAKBS POBUC BBARIMG 10:13-10:17 The Affidavit of Publication and Certificate of Mailing were noted. Jeuoes Gilbert was present for this matter, Gaffron explained the request for average lakeshore setback variance ahd hardcover variance to remove an existing deck which extends from the main floor of the residence and replace it with a somewhat larger deck and patio system. The long terra plan also includes a gazebo. None of the proposed structures are within the 0-75' setback zone. Staff recommends approval of the average lakeshore setback variance finding there wi11 be no view encroachment upon either neighboring property; and recommends approval of the 75-250' hardcover variance of 27.9% finding there is no extraneous hardcover on the property that can be removed and noting there is virtually no hardcover within the 90* setback from the lakeshore. Staff recommends that if a gazebo structure is constructed, it should be at least 10' from the side property line. In addition, referring to a chain link fence shown on the plan, staff advises applicant that the height of this fence may not exceed 42" above grade and may not continue into the 75' lakeshore setback zone. James Gilbert stated that the existing deck needs to be replaced and noted that the proposed structures cannot be seen from the lake or adjacent property owners due to topography. 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 per staff recommendation. Motion, Ayes 5, Nays 0. MimiTBS OP THE PIAMHIHG COHMISSIOH TIHG HELD HOVBIIBBR 16, 1987 #1226 MinOH HOLD 4650 aOKTB SHORE DRIVE VARIAHCB PUBLIC HBBRIBG 10:18-10:27 The Affidavit of Publication and Certificate of Hailing were noted. Applicant Winton Wold and owner Mr. Laughlin were present for this matter. Gaffron explained the request lot area variance to construct a residence on Tract B of RLS 1036. The proposed lot is .77 acre in a 1 acre zone. Staff recommends approval based on the lot size being consistent with existing developed lots in the neighborhood and consistent with lot size variances previously approved in the LR-IB zone. Staff further recommei creation of a private access easement 20' in width, to be located 10' either side of the lien between Tract D and Tracts A & B. This easement would contain a driveway to serve Tracts B & C. Mr. Henry, 4725 North Shore Drive, complained that Tract A has been used as a dumping area for many years and would like it cleaned up. He is in favor of the lot area variance. Taylor questioned the easement proposed by staff which varies from the proposal of applicant and owners of Tracts A,B,C & D. He felt the easement should be entirely within Tract D. Winton Wold stated he had no objections to either way. There were no other comments from the public and the public hearing was closed. It was moved by Hanson, seconded by Johnson, to recommend approval subject to easement being contained entirely in Tract D. Motion, Ayes, 5, Nays 0. MIHIITBS or THE PIAMHXIIG CCMaSSIOil :\:a:TIHG HELD HOVEMBBR 16, 1987 11227 PATRICE NIDDLBTOK 720 TOMKAMA ROAD VARIAMCB PUBLIC HBARIRG 10:28>10:29 The Affidavit of Publication and Certificate of Mailing were noted. Patrick Middleton was not present for this matter. Bellows explained the request for a hardcover variance to construct a garage on the property (no garage currently exists. Existing 75-250' hardcover is 55.5% and applicant proposed to remove large portions of the existing blacktop in the area near the road resulting in a net 75-250' hardcover reduction to 50.4%. Staff recommends approval. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Taylor, to recommend approval per staff recommendation, Motion, Ayes 5, Nays 0. #1228 HALTER R. HITTNER 1420 BALDOR PARK ROAD VARIABCBS PUBLIC HEARIliG 10:30-10:38 The Affidavit of Publication and Certificate of Mailing were noted. Walter Wittmer was present for this matter. Gaffron explained the requst for side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75' lakeshore setback zone. He explained the objective of the proposal is to increase the space within to existing second floor bedrooms. He explained the issue of a deck that has been constructed in violation of ci variance approved in 1978. Staff recommends approve'1 of the proposed addition finding that there will be no significant new encroachment upon the neighbors, subject to removal of the 0'x 30' deck, to be replaced with a smaller deck and stair system not to exceed 6'x 7' in dimension. Walter Wittmer stated there was a five year lapse in time between the 1978 variance approval and building permit and actual construction which led to a lack of memory of what could be constructed. He noted that previous to building the deck, he checked with the neighbors regarding the size of deck and they had no MIBDTBS OP THE PUaniMG O IISSIOM TIHG HELD HOVBMBBR 16, 1987 §1228 Nin ij»COBTIEI problem. Regarding staff recommendation, he asked to be allowed a deck and stair system 6'x 8* in dimension. 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 variance per staff recommendation conditioned upon removal of the 8'x 30' deck to be replaced with a smaller deck and stair system not to exceed 6'x 8' in dimension. Moiton, Ayes 5, Nays 0. #1187 BOETH ASM ESTATES ASSOCIATION 215, 340, 350, 360 6 370 NORTH ARM LANE COMDITIOHAL USE PERMIT SECOND REVIEH Rod Backerud was present representing the North Arm Estates Association. Mabusth explained the request involving the creation of berms to receive 25,000 cubic yards of spoils from the suction dredging of the North Arm Channel. The revised grading plans designate 2 berm areas now located out of the 931.5 elevation. Each berm meets the 75' setback from the lake (channel area) but the northern portions of the berm now encroach within 26' of the the wetlands. Berms are constructed with 4" PVC pipe at 2' height intervals. Mabusth noted that the MCWD has not yet given approval of the project. Rod Backerud explained the process involved and length of time involved. Bellows stated she was very leary of project being started at this time of impact of a freeze-thaw cycle. this type of year and the Staff did not have a definite answer to whether a freeze-thaw cycle would adversely affect this project. It was moved by Brown, seconded by Hanson, to recommend approval per staff recommendation subject to applicant working with staff regarding the freeze-thaw concerns; and noting that the plan indicates a slight encroachment in the 26' wetland setback. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES It was moved by Hanson, seconded by Brown, to approve the Minutes of the October 19, 1987 Planning Commission meeting. Motion, Ayes 5, Nays 0. I-r-v MIHUTBS OP THE PIAmiMG CONNISSIOH .1 h:TIHG HELD BOVSMBER IS, 1987 PIABBIEG COMUSSIOH REPBESEBT8T1VE Johnson was appointed to attend the December 14, 1987 Council meeting.