HomeMy WebLinkAbout1996.02.28 PC MinutesMINUTES FOR lHg,Hgpg,PLANNING,ggMMIIPIPH,MgglING OF FEP-H--- n.1221
The meeting was called to order by Chairman Peltier at 7:02 PM.
PRESENT: Waller, Schumann, Rubenzer, Malaski, Peltier
Commissioner Tim Agness arrived just prior to the approval of the PC
minutes for 01/24/96.
City Administrator, Robert Museus
Loucks and Associates, Ed Elliott
City Clerk, Mary Ann Creager
ABSENT: Jim Kellison
Schumann made motion, Malaski seconded, to approve the minutes for the
Planning Commission minutes of January 24, 1996, as amended.
Voting aye: Waller, Schumann, Rubenzer, Malaski, Peltier
Abstained: Agness
Motion Carried.
Lauren McCullough, 15597 Forest Blvd., requested to rezone 2.8 acres from
retail business to industrial to allow for the expansion of the business
on the site. At issue is the firm's desire to increase the amount of
storage on site beyond the limits established for the RB district. This
matter was considered by the Planning Commission during their meeting of
January 24, 1996, and action was tabled until this evening's meeting to
allow the City Attorney to review the application, and to see if there is
a method for allowing additional storage on site without rezoning. The
Planning Commission was concerned that by rezoning the property to
industrial, the door would be open to other uses of the property which
would not be compatible with the site due to its lack of municipal
utilities. In addition, if the property was later rezoned to reflect the
lack of utilities, the current request may create a lawful nonconforming
use status on the property. The City Attorney's opinion states that a
special use permit or other temporary mechanism would not be possible in
this instance. Mr. McCullough was present at the meeting and stated that
he had no intention of selling his property (prior to amendment of the
City's zoning ordinance).
Schumann made motion, Peltier seconded, to recommend approval of the
rezoning request of Lauren McCullough to rezone 2.8 acres from RB to IND
to allow for expansion of the business on site. The Council is requested
to revise the city ordinance to establish an industrial classification,
which is limited in its scope and use, to reflect the lack of municipal
utilities.
All aye. Motion Carried.
SPEC! AL USE PERV IT
John D. Tomnitz, 7180 177th Street requested a special use permit and
variance to construct a 40' x 56' accessory building in front of his
principal building at the above address, as well as to allow storage of
materials used in his electrical contracting business. The property is
Planning Commission meeting of February 28, 1996
Page 2
zoned agricultural, a portion of which is within the shoreland district
surrounding Horseshoe Lake. Mr. Tomnitz has stated that the need for the
variance is due to the location of existing fences, his detached garage,
existing natural gas pipeline easement, location of his septic system, and
topographic constraints. The zoning ordinance allows 3,600 sq. ft. of
accessory storage and 1,000 sq. ft. of garage space on parcels in the
agricultural district which are under 20 acres in size. With the proposed
building, Mr. Tomnitz will have a total of 3,678 sq. ft. of garage and
accessory storage space. Hugo City Code, Chapter 320-4, Subd. C(3),
requires a special use permit for any home business not related to
agriculture. Chapter 320-3, Subd. B(4), defines home occupations which
are permitted. It states that, "no home occupation will be permitted in
an accessory building or which involves over the counter sales or where
stock in trade is stored on the premises." The public hearing was called
to order, and there were no oral or written comments. Mr. Tomnitz was
present and stated that storage of the electrical materials was needed for
his father's electrical business, as he did not have adequate space at his
house. It was determined that the City could not issue a special use
permit for warehousing in the agricultural zone.
Schumann made motion, Rubenzer seconded,
Tomnitz, 7180 177th Street North, for a
construct a 40' x 56' accessory building
materials, and in front of the principal
is based on Chapter 320-3, Subd. B(4) of
All aye. Motion Carried.
to deny the request of John
variance and special use permit to
for storage of electrical
residence. Denial of the request
the Hugo City Code.
Robert and Dr. Amanda Dorner, 14409 Forest Blvd. have requested a special
use permit to conduct chiropractic services in their home at the above
address. The present zoning classification is commercial business.
Driveway access to the premises is provided across the parking lot of
Firstar Bank. A letter has been provided from the bank allowing such
use. A handicap ramp is proposed to provide public access to the business
portion of the home. In addition, public parking is proposed on the rear
of the property as required by city ordinance. The Dorners were present
at the meeting, and acknowledged that they were aware of Hugo City Code,
Chapter 320-5, Subd. A(3) which states, "When any lawful nonconforming use
of any structure or land in any district has been changed to a conforming
use, it shall not thereafter be changed to any nonconforming use." This
could be an issue if a future property owner intended to use the converted
business area for residential use. The public hearing was called to
order, and there were no oral or written comments regarding this matter.
Agness made motion, Schumann seconded, to recommend approval of the
request of Robert and Amanda Dorner, 14409 Forest Blvd., for a SUP to
conduct chiropractic services in their home subject to the following
special conditions:
1. Parking facilities be constructed and maintained to meet the minimum
requirements established for this use in accordance with Chap. 219.
Planning Commission meeting of February 28, 1996
Page 3
2. The building be brought into conformance with Hugo City Code, Chapter
40, and the Uniform Building Code.
3. Signs for advertising or business will be located on the site only
after a permit has been issued by the City in accordance with Chapter
266 of the municipal code.
All aye. Motion Carried.
Mr. Richard Schreier, 95 South Owasso Blvd., and Gerald Mogren have
requested to subdivide 97 of agriculture zoned property into eight lots.
A portion of the property is within the shoreland district of Lake
Plaisted. The developer has made application to the Washington County
Health Dept. for septic permits for the parcels to be created, but the
City has not received notice that such permits have been granted.
Wetlands delineations have been performed and are shown on the proposed
plat, but no permit has been received from the WC Soil and Water
Conservation District. Street access to the lots are proposed from the
existing roads, 140th St. and County Rd. 57. Driveway access permits will
be required from Washington County for those abutting County Rd. 57. In
addition, 140th Street is currently blocked from flood waters from Lake
Plaisted. The City is currently working with May Township on the flooding
problem, which will likely generate new flood plain elevations for Lake
Plaisted. All lots proposed meet the minimum requirements of the City. A
previous subdivision plan was submitted to the P.C. on January 24, 1996,
at which time the P.C. recommended denial due to one of the lots not
meeting road frontage requirements of City subdivision regulations. On
February 5, 1996, the city council denied the application. The developers
amended their application to combine two lots from the previous plat into
one in order to meet the road frontage requirements. The public hearing
was called to order, and there were no oral or written comments. It was
the consensus of the Commission that the developers had met the "minimum"
requirements of the subdivision ordinance, and this subdivision would have
been better planned by use of a PUD or clustering.
Rubenzer made motion, Schumann seconded, to recommend approval of the
subdivision request of Richard Schreier and Gerald Moqren to subdivide 97
acres
into eight
(8) lots.
Approval is subject to the
following
conditions:
1.
Approval of
the wetland
delineations and drainage
plan from the
Washington
County Soil
and Water Conservation Service.
2.
Permits from
Washington
County Public Works Dept.
for all driveways
with to access
C.R. 57.
3.
Permits for
the installation
of septic systems on
all lots from the
Washington
County Health,
Environment, and Land Management.
4.
Payment of
the parkland
dedication fee in the amount
of $4,000.00.
VOTING AYE: Agness, Schumann, Rubenzer, Peltier
VOTING NAY: Waller and Malaski
Motion Carried.
Planning Commission meeting of February 28, 1996
Page 4
ZONING ADMINISTRATQE,ggH1QCTS SERVICES
Given the increasing workload in all areas of the City, the large number
of planning and development projects to be undertaken in the coming year,
and in order to improve service quality, staff recommended to the City
Council that a contract zoning administrator be hired to review and make
recommendations on zoning and subdivision applications made to the City.
It is the City's intent to adjust application fees for zoning actions,
subdivisions, and other land -use actions to cover any expense required for
contracting these services. The Council had reviewed a sample agreement
between the City and Loucks and Associates for these services, a copy of
which was submitted to the Commission for their review. Council requested
the Planning Commission's comments on this proposal. Mr. Ed Elliott,
representing Loucks and Associates, was present to answer Commission
questions. Commission concerns were as follows:
1. Was it reasonable to assume that the City could recoup costs without
making applications too costly for residents?
2. Not sure having a consultant working for adjacent communities was
necessarily a good idea.
3. The City was moving too fast.
Because the Commission needed more time to think about this matter, the
following motion was made:
Rubenzer made motion, Schumann seconded, to table further discussion of
this matter until the Planning Commission meeting of March 27, 1996.
All aye. Motion Carried.
Interest expressed by many businesses to locate in the Bald Eagle
Industrial Park, concerns for the storm water management and
transportation needs in the area, and the opportunity to cooperate with
the Cities of Lino Lakes, Centerville, the Rice Creek Watershed District,
and the Department of Natural Resources to achieve mutual goals has caused
the City to begin developing a plan for the redevelopment of the Bald
Eagle Industrial Park. Administrator Museus made a presentation to the
Planning Commission on the projects objectives, scope, and process.
Schumann made motion, Peltier seconded, to recess tonight's meeting at
9:45 PM until March 11, 1996, 7:30 PM, the Rice Lake Park Building, to
meet jointly with the City Council for further discussion of the Bald
Eagle Industrial Park PID.
All aye. Motion Carried.
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MarCreager '
City Clerk --