HomeMy Public PortalAbout06-08-1999PLANNING COMMISSION MEETING — JUNE 8, 1999
PRESENT: JERRY BROST, LENNY LEUER, CAROLYN SMITH, KATHY COOK
AND ELIZABETH WEIR. SUSIE MACKAY ARRIVED AT 6:23, FRANK
MIGNONE ARRIVED AT 6:47 AND BRUCE WORKMAN ARRIVED AT
7:20. ALSO PRESENT: MAYOR JOHN FERRIS, COUNCILOR JOHN
HAMILTON, PLANNING AND ZONING ADMINISTRATOR LOREN
KOHNEN AND PLANNING AND ZONING ASSISTANT SANDIE
LARSON
COMPREHENSIVE PLAN DISCUSSION
Implementation Section
There was discussion of the property south of Foxberry Farms that is currently Rural
Residential and is guided in the current comprehensive plan as Industrial. Residents
immediately adjacent to this property have expressed concerns with the property being
rezoned to commercial zoning.
Mayor John Ferris said there is a legal issue when someone has purchased property
based on how the property was represented in the current comprehensive plan and also
the property has been assessed as commercial property.
The Implementation section was gone over and planning commissioners and staff gave
their views on changes and corrections.
The tentative schedule of upcoming meetings was discussed:
] June 22 — 6 p.m. June 30 6 p.m.
July 13 — 6 p.m. July 27 — time to be determined
Chairperson Lenny Leuer called the regular session of the planning commission to
order at 7:37 p.m.
1. DOUG AND ALICIA MALIKOWSKI/1152 NAVAJO ROAD & THOMAS AND
CLAUDIA KELLY/3132 TAMARACK DRIVE — VARIANCE TO SOIL
REQUIREMENTS FOR PLATTING — PUBLIC HEARING
Loren Kohnen read his memo to the planning commission and put up an overhead of
the site, explaining the new lot lines, etc.
MOVED BY CAROLYN SMITH AND SECONDED BY FRANK MIGNONE TO
RECOMMEND APPROVAL OF THE VARIANCE TO THE SOIL REQUIREMENT FOR
PLATTING WITH THE HARDSHIPS BEING:
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f& T h e m o v i n g o f t h e l o t l i n e s w i l l n o t i m p a c t f u t u r e s e p t i c s i t e s
f& T h e p l a t i s n o t c r e a t i n g a n y n e w p a r c e l s
f& T h e n e w l o t l i n e s w i l l m o r e c l o s e l y f o l l o w n a t u r a l s i t e f e a t u r e s , t r e e l i n e s , e t c .
M O T I O N P A S S E D
2 . S T E V E S C H E R E R / 2 6 2 2 W I L L O W D R I V E A N D W I L F R E D S C H E R E R / 2 6 7 2
W I L L O W D R I V E P L A T T I N G D U E T O L O T L I N E C H A N G E S P U B L I C
H E A R I N G
L o r e n K o h n e n r e a d h i s m e m o t o t h e p l a n n i n g c o m m i s s i o n a n d p u t u p a n o v e r h e a d o f
t h e s i t e , e x p l a i n i n g t h e c h a n g e o f l o t l i n e s a n d s o i l s . H e s t a t e d t h a t n o n e w l o t s w e r e
b e i n g c r e a t e d a n d t h a t s o i l r e q u i r e m e n t s a r e b e i n g m e t o n L o t 1 a n d L o t 2 i s a d d i n g
g o o d s o i l s t o t h e e x i s t i n g g o o d s o i l s .
M O V E D B Y F R A N K M I G N O N E A N D S E C O N D E D B Y B R U C E W O R K M A N T O
R E C O M M E N D A P P R O V A L O F T H E P L A T T I N G O F T H E T W O L O T S A T 2 6 2 2 A N D
2 6 7 2 W I L L O W D R I V E W I T H T H E C O N D I T I O N T H A T A L L D R A I N A G E A N D U T I L I T Y
E A S E M E N T S A R E S H O W N O N A L L L O T L I N E S . .
M O T I O N P A S S E D .
3 . J I M K E L L Y 2 9 5 9 L A K E S H O R E A V E . S E T B A C K V A R I A N C E S F O R N E W
H O M E C O N S T R U C T I O N P U B L I C H E A R I N G
L o r e n K o h n e n r e a d h i s m e m o t o t h e p l a n n i n g c o m m i s s i o n a n d p u t u p a n o v e r h e a d o f
t h e s i t e , e x p l a i n i n g t h e v a r i a n c e r e q u e s t s .
J i m K e l l y s a i d t h a t t h e h o u s e i s p l a n n e d t o b e 5 5 ' f r o m t h e l a k e s h o r e w i t h t h e d e c k
b e i n g 4 5 ' f r o m t h e l a k e s h o r e . T h e l o t i s 6 0 ' w i d e a n d a h o u s e 3 9 ' / 2 ' i s b e i n g p l a n n e d
a l l t h e o l d s t r u c t u r e s w i l l b e t a k e n d o w n , t h e o l d c a b i n , e t c .
D e n n i s K l a g e s , 4 6 4 2 B a l s a m S t r e e t , a s k e d h o w h i g h t h e h o u s e w i l l b e . H e s a i d i s
c o n c e r n e d t h a t t h e v i e w t o t h e l a k e w i l l b e b l o c k e d .
J . K e l l y s a i d t h a t i t w i l l b e a 2 s t o r y w a l k o u t , t h e f r o n t o f t h e l o t w i l l b e f i l l e d i n s o t h a t i t
w i l l b e s t r e e t l e v e l .
L . K o h n e n s a i d t h e b a s e m e n t h a s t o b e k e p t u p h i g h e n o u g h f o r t h e s e w e r f l o w .
D e e A n d e r s o n , 2 9 9 0 L a k e s h o r e A v e . , a s k e d a b o u t t h e s e w e r h o o k u p a n d i f t h e r e w e r e
t w o s e w e r c o n n e c t i o n s .
J . K e l l y s a i d h e h a d l o o k e d i n t o i t a n d t h o u g h t h e c a b i n w a s n o t h o o k e d u p t o s e w e r , t h e
c o n n e c t i o n w a s t h e r e .
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Al Reckner, 4632 Balsam Street, asked about off street parking and where the garage
would be.
L. Kohnen pointed out on the overhead where the driveway and garage were planned.
Greg Smith, 4635 Pine Street, asked how wide the lot was (told 60') and also the one
next to it (60'). He said that he had three lots in the area and he could not build on each
one — he said we are trying to improve the neighborhood and when we have the
opportunity to combine lots and improve the situation we should. He said he also
owned three lots on Ardmore that he can do nothing with. He said the easement will be
a thorn on both of these new property owners — he said others have done things to
discourage people from using the easements — he said he felt that stuffing two houses
here will cause trouble — he said he has been in the neighborhood for 30 years and
have seen the problems with the easement.
L. Kohnen said that technically the easement is recorded as a separate lot and can't get
agreement to move the easement and if it was moved, then can't get to the lakeshore.
There was considerable discussion of moving the easement, the past history with the
owner and residents. It was also noted that the easement is not on the lot in questions
with this application.
Tom Wolf, 4624 Brook Street, asked how much fill will be brought in.
L. Kohnen said enough so that the drainage works — he said this is taken care of thru
the watershed district.
T. Wolf asked the maximum height that a house can be.
L. Kohnen said 30'.
D. Anderson wanted to know why Mr. Smith couldn't do it and the city is allowing these
people to do it.
There was discussion on this and without knowing exactly what Mr. Smith had wanted
to do and looking at the old records, we could not answer this.
Kathy Cook asked if the lots are currently owned separately.
Sandie Larson explained how the lots were defined in the tax book — the two larger lots
and the third lot that is the easement — all are currently shown as owned by Dr. Olson.
Brian Etzel, 2942 Lakeshore Ave., asked what the actual height of the house from the
street level would be.
L. Kohnen said it will be two stories.
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B. Etzel, said he has been here 13 years and he doesn't see how two houses will work
there.
L. Kohnen said that the property had been for sale for many years and the way to
prohibit the homes from being built would have been to buy the property.
Rex Hasek, 4645 Brook Street, said that Frank ( the neighbor to the south) had offered
to buy it, but couldn't.
J. Kelly said he understood that the offer for the two lots had been $120,000 and Dr.
Olson got substantially more than that from the two buyers.
R. Hasek said that if Frank had purchased it, he could have added to his house —
instead there will be three houses instead of two — he said he does not know why Dr.
Olson is doing this, he feels he must have grudges against some of us.
A. Reckner said that there needs to be safeguards that the easement will be usable.
L. Kohnen said that you need to talk to the owners about that.
Carolyn Smith asked some questions about the easement.
B. Etzel asked the distance from the lake for the house.
L. Kohnen said they are requesting a 30' variance which is similar to other houses in the
area.
There was further discussion of the easement.
C. Anderson said that one of the problems are the separate easements on the lake.
There was further discussion of easements, ownership, etc.
J. Kelly said they are very aware of the situation. They want to live in a small town and
have neighbors to visit, etc. They are aware that there are docks in front of them on the
lake and that people have a right to use them and the easement — we like it.
D. Anderson said people are concerned with the height of the house and that there will
be no view of the lake.
Janet White, 4642 Brook Street, said she is concerned with the front variance with the
house being closer to the road, increased traffic — she felt it was a safety issue.
L. Kohnen said that 90% of the building permits in the Beach area need variances.
These people are asking for what others have received.
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Elizabeth Weir asked the Kelly's if in the `good neighbor' mode they had thought about
the height of the house — blocking views, etc.
J. Kelly said that the plans are not finalized yet, just the footprint and they certainly will
keep it in mind.
C. Smith talked about the `hammer lot' — she said she knows it is owned by the other lot
to the north, but she would like to see an agreement that plantings, etc. are done so as
not to impede the use of the easement, etc.
L. Kohnen said it is a civil matter between the easement owner the easement holders
Bruce Workman asked if it would be feasible for the new owners and the easement
holders to get together. He also said he had a point of order — let's get to the lot that is
part of this application — we need to address the variance request here.
The public hearing was closed.
MOVED BY SUSIE MACKAY AND SECONDED BY ELIZABETH WEIR TO
RECOMMEND APPROVAL OF THE FOLLOWING VARIANCE REQUESTS BY JIM
KELLY FOR 2959 LAKESHORE AVE WITH THE STATED HARDSHIPS: 5' FRONT
YARD VARIANCE AND 30' REAR OR LAKE VARIANCE:
♦ Other homes in the area have received similar or greater variances
♦ It is an existing lot between the lake and the road.
♦ It is not possible to add any property.
MOTION PASSED WITH FRANK MIGNONE OPPOSED FOR THE REASON THAT
THE CITY IS LEANING TOWARD LARGER LOTS.
4. FRANCIS AND PAULA BROGHAMMER — 2961 LAKESHORE AVE. —
SETBACK VARIANCES FOR NEW HOME CONSTRUCTION — PUBLIC
HEARING
Loren Kohnen read his memo to the planning commission and put up an overhead of
the area, pointing out the driveway, garage and where the parking would be.
Francis Broghammer, 12100 Marion Lane, Mtka., said they are planning a 2 story home
and that all the issues have been pretty well addressed in the previous application. He
said that they move the garage to the north, but the entry would stay the same. He said
that to use the easement now you have to be suicidal to use the stairs. He said they will
work with the easement holders to get better stairs, etc.
Bruce Workman asked Mr. Broghammer if he is saying he will improve the easement.
F. Broghammer said with cooperation with easement holders.
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Al Reckner, 4632 Balsam Street, asked about the side variances and Loren explained.
F. Broghammer said that they have an agreement with the Kelly's to replat the
properties when this is all over. The easement will stay the same, just the lot lines will
change.
Duane Keskitalo, 2874 Lakeshore Ave., said he would like to see the easement
improved.
Lenny Leuer said he heard Mr. Broghammer he would do so with the cooperation with
the easement holders.
C.Smith said that she would like some assurance that the way down to the lake will not
be impeded.
L. Kohnen said that the improvements should be made by the easement holders, then
they are technically responsible.
Brian Etzel, 2942 Lakeshore Ave., asked if the easement would be usable during
construction and Mr. Broghammer said he didn't see why not.
Dennis Klages, 4642 Balsam Street, said there is a drainage problem now and
wondered if it would be worse.
L. Kohnen said that Jim Dillman should be talked to about it.
The water drainage problems were discussed.
L. Leuer asked Mr. Broghammer if he understood that if the footprint of the house
changes, the variances will still apply and he said he understood that.
The public hearing was closed.
The planning commission wanted to compliment the Broghammer's on their willingness
to work with the easement holders on improving the easement.
MOVED BY ELIZABETH WEIR AND SECONDED BY BRUCE WORKMAN TO
RECOMMEND APPROVAL OF THE FOLLOWING VARIANCES WITH THE STATED
HARDSHIPS: 10.6' FRONT YARD; 5' SOUTH SIDE YARD AND 32' REAR (LAKE):
♦ Existing lot of 6600 square feet
♦ Narrow lot — 55' wide
♦ Not able to add any substantial property to the existing lot.
♦ Existing lot between the lake and city street.
♦ Other homes in the immediate area have received similar or greater variances.
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MOTION PASSED WITH FRANK MIGNONE OPPOSED FOR THE REASON THAT
THE CITY IS LEANING TOWARD LARGER LOTS.
5. MINUTES OF MAY 11, 1999
Page 4 — change in Bruce Workman's 1st remark - - on Tract A or where the house is.
change in Loren Kohnen's 1st remark - - -where the house is -
MOVED BY FRANK MIGNONE AND SECONDED BY KATHY COOK TO APPROVE
THE MINUTES AS CORRECTED.
MOTION PASSED.
6. Sandie passed out brochures on a seminar coming in October and asked that the
planning commissioners that were interested tell her so one registration can be sent in.
Lenny passed around a letter received from the county commissioner thanking the
Mayor and planning commission for the letter they received from us regarding the award
Hennepin County received for their public works facility.
MOVED BY ELIZABETH WEIR AND SECONDED BY BRUCE WORKMAN TO
ADJOURN.
MOTION PASSED.
Meeting adjourned at 9:05 p.m.
Planning and Zoning Assistant Date
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