02/09/1983 P&Z Minutes - Laserfiche WebLink

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February 9, 1983 Planning and Zoning Board Page -3- 4 Prokop listed the options in dealing with Mr. Stafki's variance request; motion to prove pending final adoption and lack of conflict with the zoning ordinance; refuse to consider the issue entirely because it would be creating a precedence. Mr. Johnson felt the Board should not give Mr. Stafki false hope because under the new ordinace Mr. Stafki will have to come back for a variance to the ordinance and he will have to show hardship of the land to get the variance. Mr. Stafki asked about the money he has paid for this variance request. Mrs. Anderson explained that normally whether the variance is approved or disapproved or denied the $50.00 fee is retained by the City for clerical fees and the $100.00 escrow is returned to the remitter. However, in this case the City Attorney will have some charges that will have to be deducted from the $100.00 escrow. Mr. Stafki said he wished he had known what he was up against before he applied for this variance. Mr. Kluegel said he felt he had explained to Mr. Stafki the options of appear- ing before the Planning and Zoning Board for a feasibility only at no cost and also sugg- ested waiting until the moratorum had been lifted before applying for the variance. Mr. Johnson moved to deny Mr. Stafki's application for a variance dated January 3, 1983 for property located at 6981 Sunrise Drive, tract B, west 2 of lot 20, block 5, Lexing- ton Park Lakeview, Anoka County. This denial for a variance to ordinance #85 is due to not (1 compliance with the Comprehensive Land UsePlan nor is it consistent with either letter or intent of the Community Development Plan. Mr. McLean seconded the motion. Motion declared passed. 410 Prokop told Mr. Stafki he has the right to go before the Council and present his case against the action of the Planning and Zoning Board. This will be before the Council on February 28, 1983. Mr. Prokop noted that there will be a public hearing before the final adoption of the zoning map and he should try to present his case at this hearing. OLD BUSINESS - Wayne Ellison Mr. Prokop said that Mr. Ellison has asked to appear tonight with information regarding his property. At the January 12, 1983 meeting, Mr. LeRoux and his attorney Mr. Bartholdi told the Planning and Zoning Board there were easements over Mr. Ellison's property. Mr. Ellison had called the Anoka County recorder and there is no record of easements being recorded on his property. At this point he is not sure whether there are easements over his property. Mr. Prokop said the reason he had Mr. Ellison appear tonight is because he is concerned about what happens to the land to the north and west of his property. The potential for a lot of traffic over the easements on his property concerns him. Mr. Prokop felt this is an issue that should be resolved and be put on record with the Planning and Zon- ing Board. Mrs. Anderson said she had also contacted the County Recorder and the County Surveyor. There are no public easements recorded on Mr. Ellison's property. However, the County Surveyor said there could be private easements recorded on Mr. Ellison's property. The County does not record private easements on plat maps or section maps. These easements ld be recorded on Mr. Ellison's deeds or abstracts. Mr. Prokop asked if these ease - nts were transferable. Mrs. Anderson did not know this but the fact remains that only