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HomeMy WebLinkAbout1998.05.27 PC MinutesMINUTES FOR THE PLANNING COMMISSION MEETING OF 05-27-98 The meeting was called to order by Acting Chairperson Schumann at 7:05 PM. PRESENT: Schumann, Malaski, Harrison, Puleo City Administrator, Bob Museus Deputy Clerk, Michele Lindau ABSENT: Peltier, Rubenzer, Kellison Harrison made motion, Schumann seconded, to approve the Planning Commission minutes of April 22, 1998, as submitted. AYES: Schumann, Harrison, Puleo ABSTAIN: Malaski Motion Carried Builders Association Video Presentation The Builders Association of the Twin Cities had requested approximately ten minutes of the Planning Commission's time to show a video on the dwindling land supply in the Twin Cities Metropolitan area, and its impact on affordable housing. Due to a miscommunication between staff, a VCR was not available to show the video. A representative of the Builders Association left a brochure and copy of the video for the Planning Commission to watch, and explained the Association's concern for the limited supply of affordable housing. Minor Subdivision (Tim and Karen Nelson) Tim and Karen Nelson, 7605 128th St. N, requested a minor subdivision of their property at the above address. The property is zoned a mix of Agricultural and RR2, consisting of 26.9 acres. One proposed lot is to consist of 20 acres, and the second lot, approximately 6.9 acres. The septic site had been approved on parcel B. Parcel A consists of the existing home on the site. The Nelsons had approached the Planning Commission in March with two concept plans. Since then, they created a new plan under the recommendations of the Planning Commission and Dale Hebiesen, surveyor for Hult and Associates. Schumann asked for public comments, and there was none. Harrison asked if someone could, in the future, divide the 20 acre parcel into two lots. The City Administrator responed, saying probably yes. Schumann stated that due to the layout of the land, it would require another access other than the present road, but this could be done under the current Zoning Ordinance. Puleo asked the City Administrator what the parkland dedication fee would be, since it had been increased after they first made application. Nelson asked if they would consider charging the old fee of $500. The City Administrator explained that the new ordinance is in effect from the time the City Council approves it, and it is published in the City's official newspaper, therefore, the new fee of $1,350 would be charged. Puleo made motion, Harrison seconded, to approve the minor subdivision for Tim and Karen Nelson All AYES. Motion carried. Special Use Permit (Bruggeman) Jim and Brenda Bruggeman, 5259 125th St. N., had requested a Special Use Permit to construct a 24' X 36' wood framed horse building with a 20' X 15' attached lean-to on their property at the above address. An existing 40' X 90' barn is located on the site where a 3,600 square foot accessory building is allowed P.C. Meeting, May 27, 1998 - Page 2 by ordinance. Hugo City Code, Chapter 320-4, subd. C (3), allows the issuance of a Special Use Permit to construct accessory storage in excess of 3,600 square feet for parcels less than twenty acres in the Agricultural District. Malaksi asked Mr. Bruggeman how many horses he has currently and how many does he plan on having. Mr. Bruggeman stated he now has two horses and may possibly have four in the future. Schumann asked the City Administrator what the current ordinance allows, and was told he could have a total of six horses. Malaski asked Mr. Bruggeman what was being stored in the existing building. Was it used for commercial storage? Mr. Bruggeman assured her that it was for his own personal storage, as would be the proposed building. Malaski asked if the proposed building would match the existing building, and Mr. Bruggeman stated that it would. The Planning Commission discussed the possibility of a sunset clause should the parcel be subdivided. This would involve the possible destruction of the building. Puleo asked Mr. Bruggeman if this would be acceptable, and he stated it would. Malaski made motion, Harrison seconded, to recommend approval of the Special Use Permit with a sunset clause stating that, should the property ever be subdivided, the SUP would end, and they would have to come into compliance with the Ordinance in effect at that time. All AYES. Motion carried. Minor Subdivision (Storm) Grover Storm, 8047 132nd St. N, had requested to subdivide his property at the above address into two 5 acre lots. The property is currently zoned RR2. The existing home on the property is located on proposed parcel C2. A site for the septic system had been approved for parcel C 1. Both lots being created would be within the established standards of the City's Subdivision Ordinance for the district in which they are located. Schumann asked if they had received approval from the Rice Creek Watershed District and the City administrator stated they had. Schumann asked for public comment, and there was none. Puleo made motion, Harrison seconded, recommend approval of the request for subdivision of the property stated above. All AYES. Motion carried. Minor Subdivision & Site Plan Approval (Judd Jackson) Judd Jackson, 5118 130th St. N., and Mr. Stephen J. Wiegele, 11576 Valley Creek Rd., Woodbury, requested to subdivide Lot 1, Block 2 of the Bald Eagle Industrial Park into two lots. Both lots would meet the minimum dimensional requirements of the City's Subdivision Ordinance, and are serviced by municipal sewer and water. Parcel B fronts the easement for Farnham Avenue, which has not been improved. Mr. Jackson and Mr. Wiegele had also requested site plan approval for the construction of a office warehouse on the new lot being created as part of the subdivision. The building would meet all set back requirements in the City's Industrial Zoning District. P.C. Meeting, May 27, 1998 - Page 3 The City Administrator stated the property would not necessarily have to be platted. It could be done by metes and bounds description if allowed by the County Recorder. It was also stated the County would require all assessments be paid before the deed could be recorded. Harrison made motioned, Malaski seconded, to recommend approval of the minor subdivision. All AYES. Motioned carried. Puleo made motion, Schumann seconded, to recommend approval of the site plan subject to the applicant submitting a drainage and parking plan to the City Engineer for approval. All AYES. Motion carried. Change of Special Use Permit Bald Eagle Sportsman Association) The Bald Eagle Sportsman Association, 6557 125th St. N., requested to amend their Special Use Permit, to operate a firing range on the property. Specifically, they requested to reestablish a 200 yard shooting range with six shooting stations, allow the use of muzzleloaders, and amend item number 8 of the existing Special Use Permit to allow operation of the range on six consecutive Sundays prior to the opening of the Minnesota deer season. Tom Drewry, 12674 Hilo Avenue, spokesperson for the Bald Eagle Sportsman Association (B.E.S.A.), gave a brief history of the Club and explained, in detail, the changes they were requesting in their S.U.P. 1. They requested to reinstate their 200' shooting range. The problem in the past was the fact that the only way to get a 200' shooting range was to shoot across the parking lot. This had been changed and they would now be shooting into a hill, which he feels would be very safe. The dirt removed from the hill would be used as berming material. They would like to have the 200' range reinstated so they would be able to have proper 200' site -ins. 2. They would like to reinstate the use of muzzleloaders. This privilege was revoked when a nonmember shot off a cannon at the club years ago. The muzzleloaders take approximately five minutes to pack each shot, and therefore, would not be of rapid fire. 3. The current S.U.P. states their allowed Sundays are the six consecutive Sundays, ending with the last Sunday in October. B.E.S.A. would like the Sundays to coincide with the deer opener. They would also like to change their Sunday times, from noon to 6:OOPM, to be the same as their Saturday hours, 10:00AM to 5:OOPM. Mr. Drewry stated there were 262 current members, the allowable is 350, and approximately 50 of the members are Hugo residents. Most members patronize Hugo business when they are in town to shoot, and B.E.S.A pays $11,800 in taxes. The Club donates to the Lions, firemen, and has instructors who spend many hours teaching firearm safety. The Club is open to the Scouts who have used the Club to camp and learn to shoot. Schumann opened the meeting for public comment Janet Schunemann, 6420 117th St., stated they never had the opportunity to fight the S.U.P. when they first opened the Club. She had a study done in 1994 by the Minnesota Pollution Control Agency (MPCA) which showed there were 700 shots fired per hour. She presented the study to the Planning Commission. She feels the muzzleloaders would be much too loud, and she would like to see the Club relocate. She stated she spoke to the City Attorney, and was told by him the Noise and Nuisance Ordinance could be applied in this case. Cliff Axelson, 12317 Goodview Ave., feels the noise has been increasing over the years as their membership is expanding. He is unhappy with the rapid fire of the 9mm pistols being shot with only rugs to absorb the noise, and the SWAT team which comes out a few times each year, with a permit from the P.C. Meeting, May 27, 1998 - Page 4 City. He stated there is a lake north of the proposed 200' shooting range which would provide no buffer to stop the noise. He feels to extend their Sunday hours would be unfair. Dave Holm, 6460 125th St., stated the black powder shooting literally rattles his windows, and feels they should be happy with what they have. Members are also allowed to bring up to three or four guests, which could end up to be a large number. Tom Anderson, Upper Heather, knew the Club was there when he moved in, and feels the Club is very professional, but would not like to see them expand. Dean Nephew, 12200 Upper Heather, does not feel "machine guns" should be permitted A resident compared it to the airport, and said the airport had spent 400 million to insulate houses in their area, and feels B.E.S.A should try to do something to abate it as it is incumbent by those creating the , noise. He felt muzzle loaders are very loud, and they should try to cut their current noise before creating more. Shane Krey, 6640 125th St., feels the noise is unbearable when there is a south wind, and feels the club has been a good neighbor, but wanted to reiterate what the other residents have said regarding the noise. Ed Fashingbauer, 12564 Goodview Ave., feels you cannot grandfather in a nuisance, and referred to the City Code. He also read part of an article written by Gene Schutte, President of B.E.S.A., where he has stated the Club would stand to make a lot of money if they were to sell. Mr. Fashingbauer felt this article showed the club's acknowledgment of their possible demise. Dan Johnson, 12170 Upper Heather, bought the house without knowing about the Club's existence, and he feels his spouse is traumatized by the noise. He said he came for peace and quiet, and feels there is a better place for the gun club. A resident on Upper Heather said there is no way to keep the noise out of his house. The shots are so loud his family is unable to nap during the day, should they wish to do so. Jean Nelson, 12350 Upper Heather Ave., said the noise scares her young children, and feels it is more of a residential area. She feels the B.E.S.A. property would make a great park. Ann Fashingbauer, 12564 Goodview, read the City Code on Public Nuisances and asked Tom Drewry for a list of the 50 Hugo members. Mr. Drewry stated he was not the president and was unable to do so. Ms. Fashingbauer feels the residents have been very tolerant and the Club should not ask for more. Steve Butchie, 6262 117th St., knew the club was there before he moved in and wants the gun club to stay and abide by the rules. Mr. Butchie felt they should shut down on Sundays in good faith. A resident at 12315 Heather Ave. N. asked who opens the gates. Mr. Drewry stated that all members have keys, and complaints of shooting at the club after hours are unfounded. Many residents shoot in their backyards. Schumann asked what a DMC shoot was? Jim Riley, Club member, stated it was the Director of Civilian Marksmanship Shoot, which has now been changed to Civilian Marksmanship Program (CMP). During these events, there are ten people shooting ten rounds in 60 seconds. A resident at 12225 Upper Heather has been tolerant of the club since they were there first, but he does not want the problem to get worse. He feels the neighborly thing to do would be to make it a priority to mitigate the noise. Mike O'Rielly, 6520 117th St. Ct. N., knew the range was there when he moved in two weeks ago. He would like the City to do a noise compliance study to determine what is acceptable and what is not. P.C. Meeting, May 27, 1998 - Page 5 David Holm, 6460 125th St., said he had once asked the Club to close on a Saturday one summer because he was having a wedding at his house, and the club did comply. Grace Axelson, 12317 Goodview Ave., said she has been complaining for 41 years and no one hears. She feels her children have been hurt by the noise, it's devaluating everyone's property, and it is detrimental to the community. Schumann closed the public hearing. Schumann asked Mr. Drewry if there is anything the Club could work on with the community. Mr. Drewry stated that the study Ms. Schunemann had done does not indicate it was done by a member of the MPCA, and it does not clearly reflect noise pollution. Schumann said the noise pollution was not an issue tonight, and complimented the public on being civil. He asked if there was some way B.E.S.A. could work with the public. Mr. Drewry stated he was a board member only but would be happy to work as a liaison. Malaski asked if anyone from the City had been out to the B.E. S.A. Range. Schumann said he had been out with Mr. Drewry and Mr. Axelson, and feels the 200' range would be fine. Malaski asked how they planed on berming, and Mr. Drewry replied they would build higher berms by taking dirt from the hills. Malaski stated she has no problem with changing the Sunday dates but was reluctant to give them an extra hour. She feels the 200 yard range would have no effect on the present noise level, but does not like the idea of shooting muzzleloaders. Puleo had also been out to the B.E.S.A range with Drewery and felt the 200' lane may benefit the public with the larger berms. He asked about the caliber size of the muzzleloaders. B.E.S.A. President said the caliber size could be restricted. Puleo stated he could agree on muzzleloaders if it was restricted to members only and a smaller caliber size. Mr. Drewry invited concerned citizens to set up some meetings to address noise issues. He would like B.E.S.A. to be a good neighbor. Harrison was agreeable to the change on Sundays, and asked B.E. S.A. if they could return after conducting a noise abatement study. Puleo feels the smaller caliber muzzleloader would probably not be any louder than a large caliber gun. Ed Fashingbauer feels there will be no way to control the use of powder. Malaski made motion, Harrison seconded, to allow the change in Sunday hours to coincide with the MN deer opener, and change the Sunday hours from I IAM to 5PM. All AYES. Motion carried Malaski made motion, Puleo seconded, to allow a 200' shooting range. AYES: Malaski, Puleo NAYS: Harrison, Schumann Issue will go to the City Council without recommendation due to a split vote. P.C. Meeting, May 27, 1998 - Page 6 Harrison made motion to deny request for the use muzzleloaders. Motion died for failure of a second. Puleo made motion to allow muzzleloaders with member use only, and restricted caliber size. Motioned died for failure of a second. Schumann motioned, Harrison seconded, to deny the use of black powder. AYES: Schumann, Harrison NAYS: Malaksi, Puleo Issue will go to the City Council without recommendation due to a split vote. Harrison made motion, Puleo seconded, to hold Zoning meeting on the second Wednesday in June (June 10). All AYES. Motion carried. Puleo made motion, Harrison seconded, to adjourn at 9:45PM. All AYES. Motion carried. Michele Lindau, Planning Commission Secretary