HomeMy WebLinkAbout1998.11.18 PC MinutesMINUTES FOR THE PLANNING COMMISSION MEETING OF 11-18-98
The meeting was called to order by Chairperson Peltier at 7:05 PM.
PRESENT: Peltier, Schumann, Malaski, Puleo, Kellison
City Administrator, Robert Museus
Deputy Clerk, Michele Lindau
ABSENT: Rubenzer
Schumann made motion, Peltier seconded, to approve the Planning Commission minutes of October 28,
1998, as amended.
AYES: Peltier, Schumann, Kellison, Puleo
ABSTAIN: Malaski
Motion carried.
Peltier made motion, Schumann Peltier seconded, to approve the Planning Commission minutes of
November 14, 1998, as amended.
AYES: Peltier, Schumann, Kellison, Puleo
ABSTAIN: Malaski
Motion carried.
Kellison made motion, Malaski seconded, to add discussion of the Zoning and Land Use Regulations to
the agenda.
All Ayes. Motion carried.
Special Use Permit (Thanksgiving Lutheran Church)
Thanksgiving Lutheran Church, 7032 137th St. N., requested a special use permit to add a portable
mobile home type classroom, adjacent to the existing building, at the above address. The church has a
three year non-exclusive lease to use the Rice Lake Park Building for church -related activities.
Peltier read the public notice as published in the White Bear Press.
Gary Meyer, representing the Thanksgiving Lutheran Church, stated there would not be handicap
bathrooms in the portable classroom since they had no intention of putting plumbing in there, and the
mobile home would be located behind the building and not visible from the road. Mr. Meyer said it would
be used for Sunday school for the church and provide extra meeting space for the other groups using the
Rice Lake Park Building. Mr. Meyer also questioned the requirement to have a non-combustible
walkway, meeting handicap codes, connecting the manufactured building to the Rice Lake Park Building,
pointing out the present ramp was made of combustible material.
Peltier opened the meeting to the public for discussion but there was none.
Kellison stated he would have liked to see a more detailed drawing, showing the size, elevations, and
distance from present building.
Mr. Meyer told the Planning Commission the manufactured building was 12' X 60' and would be located
at the end of the parking lot at the east end of the building, approximately 30' from the existing building.
He also said the manufactured building would have electric heat, and as stated in the lease agreement, the
Thanksgiving Lutheran Church is responsible for the electric.
Malaski made motion, Schumann seconded, to recommend approval of the special use permit to add a
portable mobile home type classroom at the Rice Lake Park Building with the following conditions:
Minutes for the Planning Commission November 18, 1998 - Page 2
1. The manufactured building used for classroom purposes shall meet the requirements of the State
Building Codes, Manufactured Home Division, for such use.
2. A non-combustible walkway, meeting handicap code requirements, shall connect the manufactured
building to the Rice Lake Park Building for access to sanitation facilities.
3. The building shall be removed from the site upon termination of the lease.
All Ayes. Motion carried.
Subdivision (Patricia L. Bueno)
Patricia L. Bueno, 5326 140th St. N., requested to subdivide a 1.3 acre parcel, at the above address, into
three single family lots. All three lots would meet the minimum dimensional requirements of the City's
SFU zoning district, but a side yard and rear yard variance would be required for the middle lot, due to the
relationship of the existing home on the property and the proposed lot lines.
Schumann read the public notice as published in the White Bear Press
William Lessard, father of applicant, explained the comer lot would be 100' X 130'; the middle lot
containing the house would be 103'X 130'; and the northern lot would meet the minimum requirements
of 80' X 130'. Mr. Lessard stated that the driveways would all be accessed from Fenway Avenue and they
would be extending the sanitary sewer main to all three lots.
Peltier opened the meeting for public comment but there was none
Kellison felt a variance on the east property line would be acceptable, but the variance on the rear yard
would allow the deck to encroach on the adjacent property line.
Mr. Lessard and Ms. Bueno expressed their willingness to remove the deck so a variance of only .4' would
be required on the rear lot line.
Kellison motioned, Puleo seconded, to recommend approval of the side yard variance of 12.5' and a rear
yard variance of 9.6' with the removal of the existing deck.
Ayes: Puleo, Kellison, Malaski, Schumann
Nay: Peltier
Motion carried.
Subdivision (Jesperson)
Chance of December meetinu date
At the Planning Commission meeting of October 28, 1998, the Hugo Planning Commission considered
the request of Mr. Morris G. Jespersen, 651 LaBore Rd., Little Canada, to rezone and subdivide 11.14
acres into lots for 40 single family townhomes. At that time, the Planning Commission recommended
that the property be rezoned from agricultural to urban residential, but tabled action on the subdivision
request until the applicant had addressed five issues regarding the proposed subdivision. Mr. Jespersen
phoned the Deputy Clerk on 11-15-98 and informed her they would be prepared to present a revised plan
at the Planning Commission meeting in December.
Schumann motioned, Peltier seconded, to change the Planning Commission's regularly scheduled meeting
date of December 23, 1998, to December 16, 1998, due to the holiday.
All ayes. Motion carried.
Schumann made motion, Peltier seconded, to table discussion of the Jesperson subdivision until the
Planning Commission meeting of December 16, 1998
All ayes. Motion carried.
Minutes for the Planning Commission November 18, 1998 - Page 3
Site Plan Application (Schwieters Construction Park)
J. L. Schwieter Construction, Inc., 8383 Sunset Road NE, Spring Lake Park, MN, requested site plan
approval to construct a 30,620 square foot office warehouse building on a 4.5 acre parcel in the Bald
Eagle Industrial Park. The property is currently zoned industrial, and is guided for industrial use in the
City's Comprehensive Plan. The proposed site for this project is immediately south of the City's new fire
hall, on land owned by the City. The City is in negotiations with the applicant for sale of the lot. A
portion of the property consists of wetlands, and would be mitigated by the City as part of the sales
agreement. The applicant seeks to use approximately 70,000 square feet on the east side of the property
for exterior storage. Under Hugo City Code, Chapter 320-5, Subdivision N, this use requires a special use
permit.
Tom Junnila, representing the Schwieters Development Corporation, was present with Len Lambert, the
architect of the plan.
Mr. Junnila explained that Schwieters' own four companies, presently located in Spring Lake Park, that
were all in the construction trade. They employ 30-40 people in the office & warehouse and over 100
more who are working on job sites. The Schwieters want to relocate three of their four companies to the
Hugo area. Their business is the manufacturing of modular pieces for multi -family homes, and they
would be in the need of storage space for raw materials (wood) and the finished product, which would be
temporarily stored on trailers in the yard. They anticipate the truck traffic to consist of approximately five
trucks importing raw materials and five trucks exporting finished product per week.
Kellison stated the granting of the site plan approval would not include approval of a special use permit,
which would be necessary for the excessive exterior storage. Mr. Junnila said he understood the need to
apply for the special use permit but was unable to meet the application deadline for this meeting. If the
special use permit should be denied, they would not continue with this project.
Len Lambert, the architect, presented the site and landscape plans and explained the building would cover
15% of the site, and the plan provided for 108 parking spaces.
It was noted by Kellison that the parking stall size shown on the plan was incorrect and asked why there
were so many parking places. Mr. Lambert stated that the size would be changed to 10' X 20', and that
much parking was necessary to accommodate the office and warehouse staff, as well as the men working
in the field. He also said they often held safety and training sessions, which would fill most of the spaces.
Schumann made motion, Puleo seconded, to recommend approval of the site plan with the conditions
below, as well at those stated in a letter from the City engineer:
1. No exterior storage to be conducted on the site until and unless a special use permit is issued by the
City.
2. Approval of the site development plan by the Rice Creek Watershed District.
3. Approval of the grading and drainage plan, utility plan, and minimum first floor elevation by the City
Engineer.
4. Approval of sale of the property to the applicant by the City Council.
5. Sign plan approval.
6. Provide for review and approval by the architect design committee for:
• Exterior lighting
• Define exterior storage area
• Fencing around exterior storage
• Screening
• Definition of required 20% green space
• Plan for snow storage
• Color rendition of the building front
All ayes. Motion carried.
Minutes for the Planning Commission November 18, 1998 - Page 4
Special Use Permit-Bernin Tree Farm
The Planning Commission considered the request of Bruce A. Bernin, 6540 Greene Avenue N., for
renewal of his special use permit to operate Bernin's Tree Farm and display four advertising signs. The
"choose & cut" Christmas tree farm would operate from the day after Thanksgiving through December
24th. The property is generally located on the south end of Oneka Lake and legally described as
Government Lot 5, Sec. 16, T3 IN, R21W.
Schumann read the public notice.
Peltier opened the meeting for public comment but there was none.
Pelter asked how long Bernin had been selling trees and was told by Mr. Bernin this was his ninth year
Puleo, referring to the permit granted in 1990, asked if the day after Thanksgiving was early enough to
begin tree sales, and if the hours would remain the same. Bernin felt it was early enough, and he intended
to keep the same hours as in the past. Puleo also asked if all the trees were grown on his property or if
some were brought in, and was told that approximately 50 trees are brought in each year.
Puleo made motion, Peltier seconded, to recommend approval of a special use permit for "Choose and
Cut" Christmas tree sales with the following conditions:
1. Permit to be renewed until the year 2008.
2. The allowed starting date for the sale of trees be changed from November 23 to the day after
Thanksgiving.
All Ayes. Motion carried.
Land Use Regulations hearing
Chairperson Peltier reconvened the meeting of November 14, 1998, to allow more time for public
comment.
Ron Cressman, 6085 165th St. N., expressed concern regarding the change in the zoning of his
neighborhood, the southeast corner of Highway 61 and 165th St., from residential to commercial, stating
that the proposed ordinance would not allow them to rebuild should their homes be destroyed by fire.
Mr. Waller, 14010 Homestead Ave. N., would like his ten acres to remain agricultural instead of the
proposed rural residential.
Beth Miner, 8131 140th St. N, would like her 85 acres to remain zoned agricultural instead of the
proposed rural residential. Approximately 30 acres of it is in pasture, which she rotates and seeds on a
regular basis.
Dean Stedt, 7416 132nd St. N., raises cattle on his 43.5 acres, and feels changing his property from
agricultural to residential would put unnecessary restrictions on his property regarding vehicles and
storage requirements.
Jeffrey Gruett, 7285 137th St. N., feels rezoning from agricultural to residential would take away his
vehicle and barn freedom. He would like to see everything north of 132nd Street remain agricultural.
Jerome Jessen, 7475 132nd St. N., who owns a dump truck that he operates in a business, feels that the
vehicle requirements in the proposed rural residential zone would impose a hardship.
Cathy Scobie, 7676 120th St. N., questioned section 3 of the zoning ordinance, stating there is no
provision regarding co-op farming, and people acquiring land in the area would not be grandfathered in.
She would like to see Section 6-13, Cluster Housing, I(2) to read active or potential where referring to the
preservation of agricultural operations on 20 or more acres and 1(3) to include wetlands and open area as
well as forested areas to be preserved from development by a permanent conservation easement. Scobie
Minutes for the Planning Commission November 18, 1998 - Page5
requested the same permitted uses be allowed in the rural residential as in the agricultural district, feeling
there should not be different rules for two districts both requiring the same minimum lot size.
Walter Stoltzman, 8139 157th St. N., questioned the amount of construction equipment to be allowed for
home businesses, stating that many residents owned such equipment, and asked who was going to enforce
the ordinance regulating it. The City Administrator stated it would be a non -conforming use and they
would like to have those residents register with the City. Mr. Stotlzman also questioned why there were
provisions for sexually -orientated business in the City, and the Administrator stated the City had no
choice since it was constitutionally protected, and if the plan provided no place for them, they could go
anywhere.
A resident, residing at 7040 132nd St., expressed his desire to keep the area agricultural.
Becky Petryk, 12521 Ethan Ave. N., asked who was requiring the City to create this new plan and the
Administrator stated that if the City did not provide the Metropolitan Council a plan, they would take it
upon themselves to create one.
Malaski requested a requirement to provide for a mixture of trees be planted with no more than 20% of
one variety in five or more lots.
The City Administrator recapped all the changes to be made to the proposed Zoning ordinance as
discussed at this and previous meetings.
Kellison made motion, Malaksi seconded, to recommend approval of the new Zoning and Land Use
Regulations with the those changes.
Ayes: Kellison, Malaksi
Nay: Puleo, Schumann, Puleo
Motion failed.
Puleo made motion, Schumann seconded, to recommend approval of the new Zoning and Land Use
Regulations with the changes recapped by the Administrator, adding the presently -zoned agricultural
areas remain such.
Ayes: Malaksi, Peltier, Puleo, Schumann
Nay: Kellison
Motion carried.
Subdivision -Vince and Julie Lutz
Vince and Julie Lutz appeared before the Planning Commission, requesting their opinion on the best way
to subdivide 29 acres of the Duraine farm into three lots. After the discussion, the Lutzs stated their
intention to submit their application with the City for the subdivision, and appear at the December
meeting of the Planning Commission.
Malaski made motion, Kellison seconded, to adjourn at 11:28 P.M
All Ayes. Motion carried.
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Michele Lindau,
For the Planning Commission