HomeMy WebLinkAbout06/20/1979 P&Z Minutes'June 20, 1979
The regular meeting of the Planning and Zoning Commission was called to order by
Chairman Ken Gourley at 8:40 p.m., June 20, 1979. Members present: Bob Doocey,
Vi Schwankl, and Larry Johnson. Members absent: Jim Shearen, Vernon Reinert,
and Council liaison John McLean.
The minutes of the May 16 regular meeting and the May 29 special meeting were
considered. Bob Doocey moved that the minutes of the May 16 meeting be laid
over, as Mr. Reinert had previously expressed some objections concerning these,
but was not now present. Mr. Johnson seconded the motion. All were in favor.
The motion was declared passed. Mr. Johnson moved to approve the minutes of the
May 29 special meeting. Mr. Doocey seconded the motion. All were in favor.
Motion declared passed.
Mr. McLean was not present to give the report on the Council.
The first item on the agenda was a variance for Mr. Lyndal Nelson, for lot 12,
block 2, Sunset Oaks. (Address: 87 Lilac Street). Mr. Nelson was not present
at the meeting. The variance concerned the side setback on his house, and would
be for more than 9 feet. The side setback requirement is 10 feet, and in this
case, the house is about 6 inches inside the property line. The problem was
apparently caused by the developer. Mr. Gourley had talked to the building inspec-
tor and Mr. McLean, and it was their feeling that the P&Z should not be in the
business of automatically correcting these problems that are builder -caused.
There is a safety hazard in these cases as well, if someone builds a house close
to the adjoining property line. The houses would be very close, which would
constitute a fire hazard. There was a similar situation at the May 16 meeting;
the variance granted was for a transfer of property and was not a setback variance.
Mr. Gourley had been to look at and survey the property; there was a house going
up next to this one (lot 11) --the forms were in --and there didn't appear to be
enough room for each party to have a 10 -foot setback. Mr. Gourley moved to
recommend that the variance be denied, and that the building inspector look at
the properties and perhaps hold up construction on the house on lot 11 before
the footings are poured so that something can be done about the situation. Mr.
Johnson seconded the motion. All were in favor. The motion was declared passed.
There are apparently more homes built that have a similar problem that is developer -
caused.
The next item was an application by Mr. Henry Tueiberg, 6388 Hodgson Road, lot 25,
for a special use permit to raise chickens on a parcel of land less than 5 acres.
The signatures of all the surrounding property owners had been obtained. Vi
Schwankl moved to approve this for recommendation to the Council, subject to an
annual review and also subject to the stipulation that the chickens be confined
or contained to the property. Mr. Doocey seconded the motion. All were in favor.
Motion declared passed.
The next item on the agenda was a similar application by William Rivard, 1271
Birch Street for a special use permit to raise chickens. Mr. Rivard was present.
He had not gotten the signatures of the landowners within 300 feet of his property.
Also there had been complaints from the nieghbors about the chickens. Mr. Johnson
moved to table it pending Mr. Rivard's contacting the clerk and getting the neces-
sary signatures. Vi Schwankl seconded the motion. All were in favor. Motion
declared passed.
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Planning and Zoning, June 20, 1979
The next item was a variance for Kenneth Skoglund, 7481 Lake Drive, to build a
garage five feet from the lot line. This was a one acre lot. Mr. Skoglund was
present and presented a drawing of the proposed garage location. He has a lot
of trees on his lot and rather than cut them down to put in the garage, he would
like to build in the location close to the back lot line. The applying ordinances
were consulted; the rear setback requirement is 20 percent of the depth of the
lot (about 40 feet) and the garage must be 20 feet behind the dwelling. There
was a problem with meeting these requirements as the 40 -foot setback requirement
plus the 30 -foot garage put the location at 70 feet from the back lot line, which
was where the house was. There is also, then, no room for the 20 -foot allowance
between the house and garage, as required. Mr. Johnson moved that the building
inspector contact Mr. Skoglund and look at the property with respect to the size
of the building and the setbacks and make a recommendation to the Planning and
Zoning Commission at the next meeting. Mr. Doocey seconded the motion. All were
in favor. Motion declared passed.
The next item was a variance request by Mr. Brian Wendland, not present. Mr.
Wendland wanted to split a piece of property into two parcels, A and B (directly
in half). A survey had been done and presented to the Commission. Both lots were
in excess of one acre. Frontage for lot A is on Leonard Avenue and frontage for
lot B is on Sunset Avenue. This was in accordance with the policy established
by past actions. Mr. Johnson moved to recommend approval of this variance on
lot 2, block 7, Sunset Oaks. Vi Schwankl seconded the motion. All were in favor.
Motion declared passed.
Next on the agenda was El Rehbein and Son's rezoning application for Reshanau
Estates. This would be for outlot H, the east 200 feet of outlot J and part of
outlot K, in Lakes Addition II. Mr. Blackbird was present. Letters from the
Centerville Fire Department, Core of Engineers, and the Department of Natural
Resources were available. Mr. Blackbird felt the project conformed in all aspects
except the critical ones of being in an area that is not zoned for multifamily
housing and the idea of its not not being acceptable to the local residents.
One unit, 36A or another one,would have to be deleted because a pond is required
there. He also presented a density concept for this project which would consider
all of Lakes Addition II. The figures on this were not yet available. There
would be a total of 250 homes on that side of the lake within an estimated 160
acres. He also brought up that structural improvements on the overall acreage did
not exceed 35 percent (approximately 64-65 percent clear area).
Mr. Johnson brought up a motion made by Mr. McLean at a Council meeting recently,
which in effect he felt called for a moratorium on all rezoning until the Comprehen-
sive Plan was done. He felt that the intent of the motion was to insure that
changes were not made piecemeal; that no major changes were made in regard to the
guidelines as set down in the Comprehensive Plan until after the new plan was fin-
ished; and that in essence no changes would be made in ordinances. The excerpt
from the minutes in question was read by Mr. Johnson. Mr. Gourley felt that the
purpose of the motion was to not deal with any major changes to the Comprehensive
Plan or any related ordinances until the Planning and Zoning Commission completed,
and was able to present, them all at one time. The Comprehensive Plan presently
allows for multifamily housing, but not specifically in this area because the
sewer in this area was not foreseen at that time; the interceptor trunk line was
going to come up Highway 8 and run north, which would indicate development would
be along Highway 8. Since then, Metro Council had revised this and the only
existing sewer line in the city now ran along Birch Street. Multifamily housing
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Planning and Zoning, June 20, 1979
had been allowed for in the anticipated sewered area, but since that time the
sewer had actually been built along Birch Street, and that is where development
would be expected, even though it was not indicated in this specific area in the
Comprehensive Plan.
Mr. Blackbird indicated that there are 144 units (36 buildings, 4 units each) in
this plat and that technically they are called attached single family dwellings.
He also pointed out that it would not be a transient population. Mr. Johnson
brought up a situation in North Saint Paul where at the request of the surrounding
residents they rezoned a 40 -acre tract to conform with their wishes. Several
people in the audience, residents of this area, expressed their viewpoints. One
man felt that this project changed the entire nature of the neighborhood, presently
single family dwellings. The high density in particular concerned them, and the
fact that it is such a large development. There was agreement with Mr. Johnson
in his interpretation of Mr. McLean's motion, to the effect that no changes should
be made until the new Comprehensive Plan was finished. He felt that the residents
were trying to maintain the status quo, and that the "burden of proof" should be
on the developer. Another resident felt that as a Commission it was the Planning
and Zoning Commission's responsibility to listen to the members of the community,
particularly those affected by the development. He felt there had been no signi-
ficant changes to justify a rezoning for the land; he quoted from the Comprehensive
Plan, "The most significant determinant of future land use is the existing pattern
of the built environment." Mr. Gourley presented some information he -had from the
June 5 hearings at Metro Council, pertaining to immiment legislation requiring
moderate income housing. At present there is provision for 12 moderate income
homes, whereas according to the Metro developement guide there will be approximately
50 required. Mr. Gourley also brought up some information from the June issue of
Housing Magazine in reference to a court case involving zoning. Mr. Johnson felt
that existing property values would be depreciated by the development. The residents
also indicated that an opportunity had been given Mr. Blackbird to meet with them
but he had not taken advantage of it. Mr. Gourley suggested that the matter be
laid over until the next meeting, as there were not enough votes to carry a motion
either way. In the meantime, Mr. Blackbird could get his figures on density and
they could be confirmed by the engineer. Clarification from Mr. McLean on the
intent of his motion will also be gotten.
There was an opinion from the attorney that whenever a meeting is held it has to
be open to any business that comes before it. The Planning and Zoning Commission
has been open to anything that comes before it, based on the assumption that the
material has been gotten in advance.
The next item was a rezone application from Mr. Brunner, replacing an application
in the name of Mr. and Mrs. Casler, who had sold the property in question to Mr.
Brunner. This was in regard to the duplex at 790 Vicky Lane, which came up at the
May 29 planning meeting. At that time the building inspector had been requested
to inspect the property, which had been done. Vi Schwankl moved to recommend
approval to the Council. Mr. Johnson seconded the motion. All were in favor.
Motion declared passed.
The next item was a preliminary plat for Fran Burque, not present. The engineer's
and planner's letters were sketchy because the design material was imcomplete.
Mr. Gourley moved that the clerk contact Mr. Burque and advise him of the informa-
tion that was missing, and the Commission could consider it again at the next
regular meeting. Mr. Johnson seconded the motion. All were in favor. Motion
declared passed.
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• Planning and Zoning, June 20, 1979
Mr. Tim Rehbein brought up a feasibility matter for construction of three duplexes
in Carroll Estates; two on 77th Street and one on Carroll Drive. The land would
need to be rezoned to R-2. The existing development across the street is duplexes.
The building department would have to determine whether the lots perk out to
support two systems. These duplexes would be split side to side; Mr. Rehbein was
interested as to whether the duplexes, and the lots as well, could be split and
sold separately. This was not possible, as the lots were at about one acre already,
and the policy in a non-sewered area is one acre. The title would probably have
to be joint tenancy on the land although the duplexes could be sold separately.
Vi Schwankl brought up that a similar situation had occurred on Fourth Avenue.
The Commission would like the clerk to mail a copy of this to the planner and
indicate to the planner that lots 4 and 5 in block 1 and lot 8 in block 2 are
under consideration; and request him to review this in a general sense, not res-
tricting himself to how it would affect just this area, but how it might affect
future plats in the village. The same request should be presented to the attorney.
Mr. Bloom presented a preliminary plat for consideration. The planner and engineer
had not had time to submit recommendations to the Commission, but the proposal was
discussed in a general sense and would be considered again at the next meeting.
Mr. Bloom's father-in-law, Mr. Glenn W. Erickson, will represent him then. The
area is approximately 12 acres, at present pasture land, to be subdivided into 7
residential building sites, each lot running 1-12 acres. The Commission pointed
out that there is a minimum buildable land area requirement as far as the ponds
were concerned. Mr. Bloom inquired as to the situation with the city as far as
building roads were concerned. The Commission indicated that this would be nego-
tiable with the Council and that several different things have been done in the past.
The Clerk was requested to contact the engineer and have him address the lots with
ponds on them as to whether they were buildable under the ordinance in respect to
minimum buildable land area requirements. The planner should also be contacted
and requested to comment on the relationship between this development with the
adjoining property owners. An easement may be required as future land develop-
ment is possible on the land north of this. The Park Dedication was also discussed;
Mr. Bloom would prefer to give cash in lieu of land. The Clerk is asked to forward
this to the Park Board.
Mr. Gourley brought to the attention of the Commission the situation with Richard
Klenck. The Commission had approved a special use permit for Mr. Klenck to park
his trucks in November of 1978. However, the Council mistakenly issued a permit
to build a pole barn. Since that time there have been a number of complaints
concerning his operations. He has a permit from the DNR to build a pond and a
canal across a thousand feet of wetland. The problem comes in with the fill.
There were several letters from the DNR, Department of the Interior, and the
Pollution Control Agency pertaining to the fill, and dating back to January, 1979.
Mr. Klenck has apparently violated federal laws in reference to his unauthorized
fill, in the wetlands adjacent to Otter Lake. He will apparently have to remove
the fill and restore the area to its original character; he may also have to remove
the barn. Don Volk had also indicated that the operation of the trucks was severely
damaging Roiling Hill Drive; he had been asked to put this in writing, but had not
yet done so. Mr. Gourley suggested that in view of the misrepresentations made to
the Commission and the continuing problems concerned with the operation that the
Commission reverse its previous recommendation of approval of the permit to park
the trucks; particularly in view of the damage to the roads. Apparently Mr. Klenck
is not parking them empty but hauling them in full and affecting the road. The
problem with the unauthorized fill is not the responsibility of the Commission, but
a matter for the Department of the Interior. The special use permit for the pole
barn was completely in error and meaningless, as it was not required anyway; however,
.Page 5
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Planning and Zoning, June 20, 1979
a land use permit from the building inspector had been required and Mr. Klenck was
now in violation of city code because he did not have the land use permit for the
barn. The Building Department could be asked to clear up the situation whereby
the barn was built without a land use permit, and then could be dealt with at a
later date. This was a matter between the Building Department and the Council.
There was some discussion as to whether the Planning and Zoning Commission was
within its rights to review their previous recommendation to the Council in regard
to the vehicles in view of the damage to Rolling Hills Drive; it was felt that
since the special use permit had never been issued, and since an annual review is
automatic in any case, that it was within the capability of the Commission to do so.
Mr. Johnson moved that the Planning and Zoning Commission rescind its initial
recommendation for approval of the special use permit and recommend denial upon
receipt of information from the City Maintenance Department in regard to the damage
to the road sustained by his trucks. Mr. Doocey seconded the motion. All were in
favor. •lotion declared passed.
Mr. Gourley brought up a situation in Lakes Addition No. 4, on Sandpiper Drive.
The Building Department had issued a building permit to build a house on lot 1
and there was a house already in existance there. There was also a problem with
who is going to build a road in there; whether the landowners want a road there
and the situation with the assessment back to the benefiting property owners. The
Clerk is requested to contact the city attorney and have him research the existance
or nonexistance of Sandpiper Drive and to let the Commission know exactly how many
lots are there because lots 2, 3, 4, and 5 seem to be there; lot 2 is only partially
pencilled in, and lot 1 doesn't appear at all.
The next item was a petition bearing the signatures of 11 different residents for
street lights in the Shenendoah area, the Birch -Totem Trail-Hokah culdesac. In
regard to street lights, there was also some communication dating back to November
of 1978 concerning a request for street lighting at the intersection of County 14
and County 84. The Clerk had written a letter to the Anoka County Board of Com-
missioners in regard to this, and they had replied that the installation and main-
tenance of street lights along a county road was the responsibility of the local
government. There was some futher communication in regard to this, which Mr. Gourley
read. Mr. Johnson moved that the request be forwarded to the Council with the
recommendation that action be delayed until the completion of the street light
ordinance, as part of the Comprehensive Plan. Mr. Gourley seconded the motion.
All were in favor. Motion declared passed.
Mr. Gourley brought up the matter of the outline for the work load on the Comprehen-
sive Plan, and the time frame. Since there were only 4 members present at this
meeting, it was decided to carry it over until the next meeting. A special meeting
was scheduled for June 27 at 8 p.m.
Mr. Gourley suggested to the members of the Planning and Zoning Commission that they
route their calls to the city attorney through either himself or the Clerk in view
of the billing situation.
There was an opinion from the attorney on Ordinance No. 20, one of a continuing
number of changes that needed to be made to the ordinances. Vi Schwankl moved
that this be moved up to the next regular meeting. Mr. Johnson seconded the motion.
All were in favor. Motion declared passed.
Mr. Gourley brought up a point of information on a matter involving Sunset Estates.
Apparently there is a problem with one of the developers building homes without
inspections. The houses will have to be opened up for inspection.
Page 6
Planning and Zoning, June 20, 1979
Mr. Gourley brought up the fact that there had been some oversights pertaining to
the Baldwin Lake Trailer Court addition: (1) There was a street coming from the
south side of the plat that had narrowed down to 28 feet. The requirement was 30
feet, so it was not in compliance with the ordinance. (2) There was an objection
by the owners to the sidewalks, based on the fact that Ordinance No. 56 did not
require sidewalks. The ordinances the Commission had looked at were Nos. 39 and
39A, which were superceded by Ordinance No. 56. However, it was still within the
capability of the Commission to require sidewalks. (3) The plat had lots on the
north side which were only 50 feet in width. Ordinance No. 56 requires a width
of 60 feet. Another variance procedure would be required to allow the 50 -foot
lots. A previous variance had already been issued in reference to the angling of
the trailers and there was some reluctance to consider another variance.
(4) Ordinance 56, section 6.11 states that fire hydrants be required throughout
the area in such a way as to satisfy the Fire Marshall. According to Mr. Magnusen,
no hydrants were required by the Fire Marshall. Mr. Gourley suggested that the
Commission should perhaps consider changing this ordinance in the future, as it
seemed very broad. (5) A letter from the city attorney indicated that there must
be a rezoning on some of the parcels included in the expansion. This comes under
Ordinance No. 56, as this usage is not commercial. The Clerk had been instructed
to write Mr. Magnusen and give him a copy of the attorney's letter and request
that they fill out an application for a rezone. Mr. Gourley pointed out that the
problem lies in the fact that these ordinances are on the books, and that it is not
realized that these are superceded by ordinances of a later date. Ordinances
Nos. 6, 39, and 39A are no longer in effect and are superceded by Ordinance No 56.
The Clerk had also been asked to contact the Fire Marshall and find out about the
fire hydrant situation.
Vi Schwankl moved to adjourn at 11:40 p.m. Mr. Johnson seconded the motion. All
were in favor. Motion declared passed.
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