HomeMy WebLinkAbout1998.12.16 PC MinutesMINUTES FOR THE PLANNING COMMISSION MEETING OF 12-16-98
The meeting was called to order by Chairperson Schumann at 7:06 PM.
PRESENT: Peltier, Schumann, Rubenzer
Kellison arrived at 7:12 PM
Puleo Arrived at 7:30 PM
City Administrator, Robert Museus
Deputy Clerk, Michele Lindau
ABSENT: Malaski
Peltier made motion, Schumann seconded, to approve the Planning Commission minutes of November 18
1998.
AYES: Schumann, Peltier
ABSTAIN: Rubenzer
Motion carried.
Subdivision (Eagle View Meadows -Arndt
Spencer D. and Linda J. Arndt, 14134 Fenway Ave. N., and Armstrong Construction, 717 1st St. SW,
New Brighton, MN 55112, applied on June 2, 1998, to subdivide 10 acres into 28 single family lots. The
Planning Commission conducted a public hearing on the proposed subdivision on June 24, 1998, where
the Planning Commission tabled request to allow the developer to make adjustments to the proposed plat
to bring it into compliance with the City's land use regulations, and discuss the proposed lift station to
serve the development with the City Engineer.
The applicant had requested to extend the deadline to December 29, 1998, in a letter dated August 26,
1998. On December 15, 1998, the City received a letter from Armstrong Construction requesting another
extension of 90 days, creating the deadline date of March 29, 1998.
Peltier made motion, Rubenzer seconded, to grant the 90 day extension for the Eagle View Meadows
Subdivision.
All Ayes. Motion carried.
Subdivision (Whispering Pines-Jesnerson
Mr. Morris G. Jespersen, 651 LaBore Road, Little Canada, requested a rezoning and subdivision of his
property located 12593 Forest Blvd. in order to construct townhomes on the property. The land is
currently zoned Agricultural and consists of 11.14 acres along the east side of Forest Blvd., north of 125th
Street. The Planning Commission conducted a public hearing on the proposed subdivision on October 28,
1998, and recommended approval of the rezoning but tabled action on the request to subdivide until the
developer provided some additional information regarding the subdivision.
The applicant provided the City a revised plan on December 8, 1998, which did not give the City
Engineer adequate time to review the proposed subdivision.
Morris Jesperson, the applicant, was present and stated his intention to work with his engineer, the City
Engineer, and MN Department of Transportation to resolve road, sewer, and water issues in time for the
January Planning Commission meeting.
Schumann made motion, Peltier seconded, to table action until the Planning Commission meeting January
27, 1999.
All Ayes. Motion carried.
Minutes for the Planning Commission December 16, 1998 - Page 2
Rezoning (Interstate Lumber Comnanv)
Interstate Lumber Company, 113 South Main Street, Stillwater, MN, requested to rezone their property at
5517 145th St. N, from agricultural to industrial.
On December 14, 1998, the City received written notification from Interstate Lumber they were
withdrawing their request.
Minor Subdivision (Vincent & Julie Lutz
Vincent M. and Julie A. Lutz, 6022 Egg Lake Rd., applied to subdivide 29.06 acres located at 15118 Irish
Ave. into three parcels. Two of the parcels would be 10 acres in size, and one would be 9.06 acres in size.
The property is currently owned by the Duraine family, who provided the City their signatures. The
property has 800 feet of frontage on Irish Avenue, and all three lots proposed required a variance to the
300' minimum road frontage requirement of the City. Lot A, which contains the existing house, would
have a road frontage of 246.4'. Lots B and C would each have frontages of 276.8'.
Rubenzer read the public notice and Schumann opened the meeting for public comment, but there was
none.
Kellison felt the property could be subdivided into two lots, which would conform to City code
requirements, since he could see no real hardship relating to the variance request.
The Lutzs, who intend to live in the existing home and sell only one of the newly created lots, expressed
an emotional tie to the property, which had been farmed by the Lutz family for the past 30 years. Mr.
Lutz felt if he was not able to subdivide in this manner, as the asking price for the lot he intends to sell
would be too high, and this would leave him in a financial bind.
Schumann stated there was no opposition to the subdivision by the neighbors, and the fourth-generation
farming on the land leads to an overriding sense of community.
Kellison reiterated the fact that this does not meet state law requirements far as variances are concerned.
Peltier made motion, Rubenzer seconded, to recommend approval of the subdivision with the following
conditions:
1. Approval of the Rice Creek Watershed District.
2. Identification of minimum first floor elevations in accordance with the City's floodplain ordinance.
3. Permit from Washington County Department of Health for the septic systems to be located on parcels
Aand B.
4. A letter from an attorney identifying the owners of the property or other proof of ownership
acceptable to the City Attorney.
5. Payment of the parkland dedication fee for two lots totaling $2,700.00.
Aye: Peltier, Rubenzer, Schumann, Puleo
Nay: Kellison
Motion carried.
Minor Subdivision (Greg Kramer
Greg Kramer, 13700 Keystone Ave. N, applied to subdivide a 19.78 acre tract of land located on Keystone
Ave. N. into two lots of 9.89 acres each. The property lies within the Brown's Creek Watershed District.
Other than not meeting the total acreage requirements, the parcels met the minimum lot dimension
requirements in the City's agricultural district.
Minutes for the Planning Commission December 16, 1998 - Page 3
Schumann read the public notice as published in the White Bear Press, and opened the meeting for public
comment.
Dave Dupay, surveyor of the property, stated this was the fourth split of a 1/4 section of a 1/4 section,
which should have been a twenty acre parcel but was actually shy of this amount, possibly due to the
inability of past surveyors to make accurate measurements.
There was discussion regarding the placement of driveways on the two proposed lots, and it was
determined a special use permit for a shared driveway or variance on the driveway setback may be needed.
Kellison stated the proposed subdivision did meet the 300' road frontage requirement, and felt a hardship
had been created by the inaccuracy of a previous survey.
Puleo made motion, Peltier seconded, to recommend approval of the proposed subdivision with the
following conditions.
1. Approval of the septic locations by the Washington County Department of Health.
2. Both parcels obtain driveway permits from the Washington County Highway Department for access to
Keystone Avenue (County Rd 57).
3. Identification of lowest permitted first floor elevation in accordance with the City's floodplain
ordinance.
4. Approval of the site development plan from the Brown's Creek Watershed District, or the City's
water resource engineer, if the District refuses jurisdiction of the development.
5. Payment of parkland dedication fee for one lot in the amount of $1,350.
6. Driveways on newly created lots shall comply with Hugo City Code requirements.
All Ayes. Motion carried.
Subdivision (Deer Park Estates -Schumann)
Judith Rudig and David Schumann, 7630 137th St. N., resubmitted an application to subdivide two
parcels of land, encompassing 34.85 acres in the City's agricultural zoning district, into seven lots and
one outlot as a planned unit development. In addition, Mr. Schumann had agreed to eliminate the auto
dismantling portion of his special use permit on the site.
Ken Rubenzer read the public notice, and Peltier opened the meeting for public comment.
Jeff Gruett, 7285 137th St. N, has no problem with the subdivision, and feels Judicial Ditch #2, running
between their properties, will cause water problems if not cleaned out.
Wally Stoltzman, 8139 157th St. N., felt the density was considerably higher than the adjoining lots. Mr.
Stoltzman also question the portion of the property containing buried materials, stating it was a partial
landfill and felt future property owners should be notified.
Schumann responded by stating that because of his auto dismantling business, his property had been
inspected by the Washington County Board of Health in 1989 and other pollution control agencies, and he
had never been cited.
Other issues discussed were driveway and road requirements, open space requirements under RU.D.'s,
and density.
Kellison opposed the subdivision, feeling the density was too high and the 50% open space could not be
adequately achieved. He also felt future property owners should be notified of any landfill on the property.
Chuck Haas, 15500 Keystone Ave. N., questioned how to get to the common area from all the lots, and
Mr. Schumann showed him where the easement was on the map.
Minutes for the Planning Commission December 16, 1998 - Page 4
Mr. Schumann and the Planning Commission discussed the amended special use permit, viewing this as
an opportunity to remove a legal non -conforming use on the property. Puleo felt the permit should not
become invalid with the transfer of the property, stating Schumann, may at some future point, wish to
keep the business in the family. Also discussed were the hours of operation and number of vehicles Mr.
Schumann should be able to maintain on his property for repairs under the special use permit.
Rubenzer made motion, Puleo seconded, to recommend approval of the subdivision with the conditions as
stated in the amended findings of fact.
Aye: Puleo, Rubenzer Peltier
Nay: Kellison
Motion carried.
Rubenzer made motion, Puleo seconded, to recommend approval of the amended special use permit
All Ayes. Motion carried.
Subdivision (Francine's Meadow-Montgome
Mr. Scott Montgomery, 5796 Red Pine Blvd., White Bear Lake, applied to rezone and subdivide property
comprising of eight acres located at 5773 Egg Lake Road, into 15 single family home lots, and a variance
for one lot which would not meet the requirement for setback from a county road. The property is
currently classified as single family unit and RRl, and Mr. Montgomery requested the RRl portion be
rezoned to single family unit. The property is generally located east of T.H. 61 between Egg Lake Road
and Foxhill Road.
Schumann read the public notice as published in the White Bear Press and opened the meeting for public
comment.
Paul Keleher, the project manager, and Scott Montgomery, the developer, presented their plan to the
Planning Commission, explaining the continuation of Fountain Avenue to the south of County Rd. 8,
drawn on the plan as a 32' wide road. They also stated the trees along the sidewalk on the south side of
County Rd. 8 would remain, as well as the buffer of trees along the east side of the proposed Francine's
Meadows. Mr. Keheler stated all lots exceed the minimum requirement of 10,4000 square feet and meet
all the setback requirement except one lot along the county road, which could be rectified by changing the
size of the house or its location on the lot.
Wally Stoltzman stated there was a special use permit on the Monno property for horses that should be
formally eliminated, and expressed concern for granting a variance along County Rd. 8 for lot one because
of traffic noise and the danger of the home being located too close to the curve in the road.
Haas expressed concerns relating to the cul-de-sacs, saying it separates the two neighborhoods.
Rubenzer was concerned about granting a setback for the lot on County 8. Kellison also did not feel there
was a hardship, and felt the houses on lots 8 and 9 would have back yards encroaching on wetlands.
Kellison made motion, Peltier seconded, to recommend approval to rezone from RRl to Single Family
Unit.
All Ayes. Motion carried.
Kellison made motion, Peltier second, to approve the subdivision to be known as Francine's Meadows
with the conditions as stated in the findings of fact and recommendations.
All Ayes. Motion carried.
Minutes for the Planning Commission December 16, 1998 - Page S
Kellison made motion, Rubenzer seconded, to recommend the approval of the variance for a 45' curb
radius for the cul-de-sac on Foxhill and Fountain Avenues.
All Ayes. Motion carried.
Kellison made motion, Peltier seconded, to deny the request for a variance on the setback from County Rd.
8 for lot one.
All Ayes. Motion carried.
December 28th Special Meeting
The Planning Commission will hold a joint meeting with the City Council on December 28, 1998, to act
upon the request of Schwieter's Construction for a special use permit and site plan approval to construct a
business in the Bald Eagle Industrial Park.
Resienation of Plannine Commission member
Planning Commission member Ken Rubenzer submitted his resignation, to be effective February 1, 1999,
and stated his willingness to serve on the Board of Zoning of Adjustments.
Kellison made motion to adjourn, Peltier seconded, to adjourn at 10:10 PM.
All Ayes. Motion carried.
Michele Lindau, Secretary
for the Planning Commission