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Commission Minutes 11/1 ZONING AND PLANNING COMMISSION MINUTES March 29, 1994 A regular meeting of the Zoning and Planning Commission was held on Tuesday, March 29, 1994 at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission members Reuter, Day, Johnson, Hutchison, Racek, Winship and Bob Anderson. Also present were staff member Nancy Anderson and City Attorney Miller. Absent was Commission member Gullickson. CALL TO ORDER The meeting was called to order at 6:30 by Chairperson Reuter. APPROVAL OF MINUTES Mr. Day moved and Mr. Johnson seconded the motion to approve the minutes of the February 22, 1994 meeting. The motion carried unanimously. 410 CASE NO. ZN94 -1 AMEND THE ZONING ORDINANCE STORM WATER MANAGEMENT. Public hearing to consider amending the Zoning Ordinance to add a storm water management ordinance. Staff reviewed the proposed ordinance with the Commission. The staff noted that a storm water management plan will only be required for conditional use permits and subdivisions. The Commission generally was in favor of this type of ordinance. Commission members asked that the ordinance address fertilizer being washed into storm water. The public hearing was opened at 6:45. There was no one in the audience to speak on this matter. The public hearing was closed at 6:46. Mr. Hutchison moved and Mr. Winship, seconded a motion to approve Resolution RZ94 -4 recommending approval of Ordinance 94 -738. The motion passed on a 5 -1 vote, Mr. Johnson voting nay. CASE NO. ZCR 94 1 CONCEPT REVIEW 7 WEBSTER PLACE Staff reviewed the applicant's request with the Commission and reminded them that this is a concept review only. No action will Zoning and Planning Commission Minutes March 29, 1994 be taken at a concept review. The owner is proposing to divide the lot into two lots. Lot 2 will be owned by the applicant who plans to build a home on this lot for his residence. Lot 1 with the existing house will be sold. Applicant Greg Hayes appeared before the Commission. Applicant explained the reason for the unusual lot split is due to the wetlands on the property and the drop in grade. Commissionmembers discussed the proposed subdivision and what had been past policy. The City Attorney stated he felt the ordinance contains inconsistencies and standards which are no longer appropriate, and in certain sections the language is confusing. He added it would be appropriate to clarify the ordinance. Although this was not a public hearing, several people appeared in regards to this item and they were invited to express their comments. Those appearing were: o Dennis Yelkin of 18 Loring Road o Dr. and Ms. Lawson of 16 1/2 Loring Road o Donna Edelstein of 4 Webster Place o Jerry and Ellen Lavin of 14 Loring Road o Phyllis Stromberg of 10700 Minnetonka Boulevard Comments from the people appearing stated they felt the plan meets the legal requirements but not the intent of the neighborhood. They also stated concern for the quality and integrity of the neighborhood, the possibility of oak wilt for trees which might be damaged, and inappropriate use of the land. Roger Gordon, attorney for the applicant, stated Greg and Susan Hayes plan to live in the house which they propose to construct. Therefore, they have a vested interest in the neighborhood and do not intend to desecrate the area. Commission members stated they had a problem with the shape of the lot and access to it, were opposed to division of the lot, felt it did not meet the intent of the ordinance, were concerned about setting a precedence, stated they respected Mr. Hayes rights as a property owner but felt the proposal was absurd. Mr. Hutchison moved and Mr. Racek seconded a motion to adjourn the meeting at 7:50 p.m. The meeting adjourned by unanimous consent. Zoning and Planning Commission Minutes March 29, 1994 MBERS: /pY4PAIrv, I WOW ATTEST: Patricia M. Reu er, Chairperson