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HomeMy WebLinkAbout1991.05.22 PC MinutesMINUTES OF THE HUGO PLANNING COMMISSION MEETING - May 22, 1991 Chairman Peltier called the regular meeting to order at 7:03PM. PRESENT: Thoreson, Oswald, Barnes, Peltier ABSENT: Davis, Henry, Mezzano Motion made by Barnes, seconded by Thoreson to approve the minutes of April 24, 1991 as amended. All aye, motion passed. REZONING REQUEST (DUNBAR DEVELOPMENT) Commissioner Barnes reviewed this request with the Planning Commission. She stated that Mr. Eloy Molitor and Dunbar Development/Washington County Housing and Redevelopment Authority have made application to the City of Hugo for the rezoning of a 21.26 acre tract of land from Industrial to SFU. The purpose of the rezoning is to accommodate an application for Planned Unit Development which would involve future construction of 60 units of multifamily residential housing and 41 single family home lots. The property in question is located west of Highway 61 and immediately south of 140th St. If the rezoning request is approved by the City, the owners would then be required to secure a Special Use Permit for Planned Unit Development and go through the necessary subdivision approvals. The site in question is within the Metropolitan Urban Service Area and it is intended to serve the site with sanitary sewer, water, storm sewer and street/curb and gutter. This request involves only the rezoning of the property and it is the Planning Commissions charge to determine if the request is consistent with the Comprehensive Plan and other development in the MUSA. The property north of the site is zoned SFU, the area to the west is RR1, to the south is SFE and to the east is Retail Business. Several years ago the Planning Commission did recommend approval of a similar rezoning request from Industrial to SFU for the SFU district located north of 140th St. and adjacent to the site in question. The property is generally described as that portion of the northwest 1/4 of the northwest 1/4 of Section 29, T31N, R21W, lying west of the right-of-way of the Burlington Northern Railroad, except that portion described as the south 300 ft. of the north 333' of said parcel lying east of the west 731.33 ft. according the U.S. Government Survey thereof, Washington County, Minnesota. Mr. Dennis Balyeat was present to address the Planning Commission. Commissioner Barnes expressed some concerns regarding the reduction of Industrial zoning, and the additional traffic crossing the railroad tracks west of Highway 61 could create a dangerous situation. Commissioner Thoreson and Peltier concurred. Commission member Oswald was not concerned about the change from Industrial to SFU, stating that there doesn't appear to be a great deal of interest in utilizing this property as Industrial. Hugo resident Dick Mireault stated that the railroad tracks are used only once a week at this time and should not create a hazard. Commissioner Barnes informed the audience that it was the grade of 140th St. crossing the railroad tracks that concerned her. P.C. Minutes - May 22, 1991 Page 2 Mr. Balyeat agreed to table the issue until the following meeting hoping that a full commission would be available and a favorable response would be secured. He stated that being a redevelopment authority, they have a good grasp on what areas show signs of industrial growth, which is primarily in the Lake Elmo and Oakdale areas. Mr. Balyeat informed the commission that they do not pursue issues of this nature past the Planning Commission level if the recommendation is negative. Chairman Peltier made a motion to table this request until the meeting of June 26, 1991. Second by Barnes. All aye, motion passed. SPECIAL USE PERMIT (TOM BROWN) Commissioner Oswald reviewed this request with the Planning Commission. Mr. Oswald stated that Mr. Thomas R. Brown of 16614 Fenway Ave. North, has made application to the City of Hugo for a Special Use Permit to construct a 5,670 sq. ft. accessory building in an Agricultural zoning district. The maximum square footage permitted by ordinance in 3,600 sq. ft. The site in question consists of 10 acres and is located on Fenway Ave. north of 165th St. The property is generally described as Part of the southeast 114 of the northeast 1/4 of Section 27, T31N, R21W, Tax parcel 93007-2500. The 54' X 105' structure in question would be located 200' from Fenway Ave. and 50' from the north property line. Mr. Brown has stated that he would like to put up a pole barn for his personal use that would accommodate the storage of cars, snowmobiles, trailers, an old tractor and combines. He has also indicated that he might store livestock in the building in the future. He stated that the old horse barn and metal shed on the property will be removed prior to erection of the new building. The new building will not be used for any type of commercial purpose now or in the future. If the Planning Commission feels this request is appropriate for the area and the size of the building does not exceed reasonable standards for an agricultural district, we would recommend that the action for approval be subject to special conditions. Commissioners didn't have any objections to the construction of the accessory building proposed. Commissioner Oswald stated there was no difference between a 5,000 sq. ft. house or 5,000 sq. ft. accessory building. Motion made by Thoreson, seconded by Peltier to recommend approval of request of Thomas Brown, 16614 Fenway Ave., to construct a 54' X 105' accessory building for personal storage or livestock only subject to the following special conditions. 1. No commercial use of any accessory structures on site will be permitted. 2. No part of the accessory structure be permitted in the flood plain. 3. The size of the structure shall not exceed the square footage requested in the application. 4. The structure not be permitted in any drainage easements on site. 5. The old horse barn and metal shed identified on the site plan shall be removed prior to construction of the newly proposed building. P.C. Minutes - May 22, 1991 Page 3 b. The required building permits be secured prior to construction of the proposed building. 7. Said building must meet all structural standards for accessory buildings accommodating the uses proposed. B. Property owner shall provide access to the City at reasonable times for inspections to ensure conformance with this special use permit. 9. Failure to comply with this special use permit shall be grounds for revocation of same. All aye, motion passed. LEGAL NOTICE ON LAND USE LAWSUIT The Planning Commission was made aware that the City's insurance company has requested that we put all public officials on notice that the City is being sued by David and Carol Schumann, as are several members of the City Council and staff. In light of the fact that the lawsuit involves land use issues, we feel it appropriate to caution the Planning Commission not to discuss this case or land use issues with David and Carol Schumann, their attorney, or others having a personal or business relationship with the Schumann's. The only exception would be in a case where the City's attorney or insurance representative is present. It should be noted that Planning Commission representatives may have personal liability regarding lawsuits of this nature, therefore it is imperative to follow the recommendations of the City's insurance company and legal staff. Copies of the notice from the City's insurance company were forwarded to the City Council, Ordinance Violations Committee, and all members of the City staff. Commissioners thanked the clerk's office for sending out the packets earlier than in previous months. Motion made by Barnes, second by Peltier to adjourn at 7:38PM. All aye, motion passed. Carole LaBelle, Secretary Hugo Planning Commission