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HomeMy WebLinkAbout09-23-74 PZMMeeting called to Members present: Minutes - Approval . & W Marine Public Hearing on Mining permit Sec. 34. Thomas Lindbeck, Public Hearing on Special Use Permit for Body Shop in Sec. 4. VILLAGE OF LAKE ELMO PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING OF SEPTEMBER 23, 1974. order 7:45 P.M. by Chairman Lundquist. Dreher, Grace, Johnson, Lundquist, Lyons, Sovereign, Williams. Motion by Johnson, second by Lyons, to the minutes of the meetings on Aug. 13, and all previous meetings whose minutes yet been approved. Motion carried with tion. approve Sept. 10, have not no dissen- No one, including Mr.Jim Griffin from J & W, was present when calls for the hearing were made at 7:45, 8:30 and 10:30. During discussion, concern was raised as to the desirability of mining the J & W property without concurrent mining of at least part of the Lampert Lumber property to the east. The point was raised that all final sloping needed to satisfy the Lake Elmo mining ordinance (No. 901) must be done entirely within the boundaries of the J&W property. Motion by Williams, second by Grace, to table further discussion until the PZC received (1) written opinion by the Village Attorney as to the adequacy of the permit application as currently on file, and (2) written approval by the Village Engineer of the final grading plans.Motion carried with no dissention. Mr. Lindbeck and his attorney were present. The names of other interested persons in attendance are attached. A petition signed by several of the neighbors against the issuance of the permit is attached. Mr. Robert Olson stated that several neighbors opposed to the permit were unable to be present. Mrs. Marilyn Olson read a prepared state- ment opposing the permit and agreed to submit a written copy of the statement at a later date. Discus- sion included the following items: former violations of village ordinances by the applicant; nuisance to the neighbors (especially because of paint odors) of the proposed operation; restrictions of existing covenants on the Bergman Addition plat. Motion by Johnson, second by Sovereign, to recommend rejection of the permit application for reasons including, but not necessarily restricted to, the following considera- tions: 1) The proposed operation is incompatible with the existing zoning of the area; 2) legal interpretation of the existing covenants was not a factor in this decision; 3) all comments made by neighbors at the public hearing were against issuance of the permit; PLANNING -ZONING COMMISSION PAGE 2 Minutes of the Meeting of Sept. 23, 1974. Thomas Lindbeck Hearing: --continued 4) The PZC is concerned that runoff from the proposed site might contain pollutants which would destroy the ecology of the adjoining wetlands; wetlands; 5) The existing covenants expire in 1987,after which time any compatible agricultural use will probably be permitted. Motion carried with no dissention. NSP--Platting Variance Battan Timber Tree Disposal Permit. Special Meeting with Council. Metro Council Staff Meeting. Jerry Wallace from NSP requested a variance from the Village Subdivision Ordinance (Washington County Model Subdivision Code, Section 11, Part A) for the propetty in Sec. 13 on which a natural gas line sub -station is to be built. Councilman Brookman indicated by telephone conversation with PZC member Williams that the Village Council would look favorably on a recommendation to approve the variance. Mr. Wallace said that the Village Attorney advised that it is Village Policy not to require platting in an industrially zoned area. PZC has no record of this policy. The PZC familiar- ized Mr. Wallace with the meaning of "platting," of which he had apparently been unaware. Motion by Grace, second by Sovereign, to recommend denial of the variance for the following reasons: 1) NSP has its own surveyors and platting will be no hardship; 2) The County Auditor prefers all subdivisions to be platted; 3) no compelling reason has been submitted for approval of the variance. Motion carried with no dissention. Tom Benson and Ted Auger of Battan Timber and their attorney Lester Janes, presented a proposal to establish a tree disposal operation in Sec. 2. The PZC interprets that this proposed use correctly falls under the special use for agriculturally zoned areas, as specified in the Washington County Model Zoning Code, Section 7.03. A public hearing for the Special Use Permit will be held at the next PZC meeting (Oct. 8) . A special. meeting between the PZC and the Village Council will be held on Oct. 7 at 7:30 P.M.. The purpose of the meeting will be to discuss goals and policies to be part of the updated Comprehensive Development Plan. Chairman Lundquist informed the PZC that, at a recent meeting of several staff committees of the Metro Council, the possibility was raised that 3M Company might move their proposed new laboratory complex from its present location in Sec. 16 and 17 to some location in close proximity to the proposed Dayton -Hudson development in the southwest corner of the Village. ),4 MP. 3 ;I' / Q I.. 7/2 717 4r-7 it ,7Deritio,o-ieffs/a.c,5 77e, 7 is- Li) e e- 4 L. f ,i27A-ef).chZ-2. XrA' , 0n November 20, 1973, The Village Council denied Mr. Lindbeck a special use permit to operate an auto repair shop in his garage at 8728 Demontreville Tr. No. Mr. Lindbeck did not stop the operation of his repair business but in fact on January 2, 1974 placed an Ad in both the Stillwater Gazette and in the itashington County Review which.read, "Auto Body Repairs - reasonable prices. Tom Lindbeck Tel. 777-0161." This Ad continued to run in the Washington County Review until April 8, 1974, and was still running in the Stillwater Gazette as of last friday, September 20. This summer ik!r. Lindbeck was ticketed for operating an auto repair shop without a prrmit. He pled not guilty and trial was to be held on September 20. 0n September 20, he changed his plea to guilty and was sentenced to 15 days in jail and a 4300.00 fine. This sentence as suspended and he was given 90 days to clean up the premisses. There is no reason to suppose that if Mr. Lindbeck is given this special use permit he will abide by its rules and stipulations any more than he abided by the decision of the village council on November 20, 1973. This auto repair shop is also in direct violation of the deed covenants held by the rest of the residents of the Bergman Plat. (I believe that Mr. Lindbeck, the Mayor, and the Chairman of this Commission have the letter regarding this matter in thieir possession.) I respectfully ask, that because of the possible violation of these deed covenants and because of Mx. Lindbeck's flagrant violation of Lake Elmo's 'tillage ordinances in tho past, that this Planning & Zoning Commission not reconmend issuance of a special use permit for an auto repair shop on t:is property at this time or any time in the future. Statement by: Marilyn Olson PLANNING -ZONING COMMISSION page 3 Minutes of the Meeting of Sept. 23. 1974. Metro Council Staff Meeting,(continued. ) -- The implicationsof this possibility were discussed briefly. Adjournment. Respectfully submitted, Todd R. 'Williams Acting Secretary Motion by Grace, second by Dreher. to adjourn at 12:00 P.M.. Motion carried unanimously.