Loading...
HomeMy WebLinkAbout1991.10.23 PC MinutesThe regular meeting of the Hugo Planning Commission was called to order at 7:04PM. PRESENT: Mezzano, Davis, Thoreson, Oswald, Peltier, Carole LaBelle ABSENT: Henry Motion made by Thoreson, seconded by Mezzano to approve the Minutes of September 25, 1991, as amended. All aye, motion passed. Mr. Papenheim has requested that this issue be tabled until the November 26, 1991 meeting. Mr' Doug Kruse requested that his application be addressed first and Mr. Louis Rosse (applicant originally scheduled first) agreed to the change. SPECIAL USE PERMIT REQUEST - D. K -- Commissioner Oswald reviewed this request with the Planning Commission. He stated that Doug and Judith Kruse of 12616 Ingersoll Ave., have made application to the City of Hugo for the construction of a 26' X 36' pole barn on their property identified as follows: The north 219' of the south 667' of the west 486.16' of Government Lot 5, Section 35, T31N, R21W, Washington Co., Minnesota. The property consists of approximately 2.5 acres and is zoned RR2. The site is located east of Ingersoll Ave. near Sunset Lake. The applicants currently reside in the home located on the west side of Ingersoll Ave. adjacent to the site in question. Said site currently accommodates a 26' X 38' building for accessory storage. Chapter 320-4, Sub. F, limits the amount of accessory storage to 1800 sq' ft. in this zoning district and the proposed building would increase the amount of accessory storage to 1,924 sq. ft. In the 1970's the City of Hugo issued a special use permit allowing the construction of an accessory building on the lot in question to serve the principal residence. In the early 1980's the City authorized the installation of a septic system on the lot in question to serve the residence identified as 12616 Ingersoll Ave. No. It would appear that over the years the City has treated the two lots in question as a single lot for the purpose of providing accessory building and services to the residence on Sunset Lake. While the property is identified as separate tax parcels, it would appear that the City has treated them as a single parcel for development purposes. If the Planning Commission moves to approve this request, we would recommend that it be made clear that the two tax parcels are being treated as a single tract of land for development purposes. The Commission could also recommend that the two parcels be combined as a single parcel if permitted by the Washington County Auditor's Office. Mr' Kruse stated that his tax records indicate the property is one parcel. He intends to store an old boat, cars, and other personal items in the proposed structure. Commissioner Oswald stated that they would have to deviate from the rules to be consistent on the Kruse and Rosse requests by allowing accessory buildings prior to construction of residences. Mr. Pat Meehan, who owns property adjacent to the Kruse P C. Minutes - October 20, 1991 Page property, stated that the existing building is being used for auto repair and there is concern that an additional building will increase the auto repair work and cause additional late night noise, odor and fire hazards in the area. Mr. Meehan stated that there are numerous vehicles brought onto the site for repairs. Mr. Meehan stated he had no objection to the building if it were to be used to store all the miscellaneous items strewn about the property. Commissioner Mezzano asked Mr. Kruse if he would agree to no exterior storage on the site. Mr. Kruse stated he would get what he could into the building and remove the other articles if required, but would it mean he could never Have any thi.ncl outside? Commissioner Davis felt that there were other avenues to pursue violations, in the event an illegal business was being operated, but to disallow any exterior storage would be inappropriate. Motion made by Mezzano, seconded by Davis to recommend approval of the request of Doug and Judith Kruse to construct a 26' X 36' accessory structure (in addition to the 6' X ..38' structure) on his property at 1 616 Ingersoll Ave. (east of Ingersoll Ave.) subject to the following conditions. 1. The structure in question shall be used for agricultural or residential purposes only and no commercial or industrial use of the property will be permitted. 2. The city staff be permitted access to the site at reasonable times for inspection to assure compliance with this permit. 3. This permit and approvals shall run with the land and shall be placed on file in the office of the County Recorder. 4. Failure to comply with all conditions of the Special. Use Permit shall be grounds for revocation of same. All aye, motion passed. SPECIAL. USE PERMIT REf"!l..IEST Commissioner Thoreson reviewed this request with the Planning Commission. She stated that Mr. Louis Rosse, Jr., Donovan Heggestad, and Audrey Larsen have made application to the City of Hugo for a special use permit to construct a 48' X 7' pole shed prior to construction of a principal residence. The purpose of the request is to store agricultural commodities, machinery, and possibly livestock:. The property in question is zoned agricultural and consists of approximately 10 acres. THE ordinance requires that a special use permit must be secured prior- to allowing an accessory building on any site in advance of construction of the principal residence. The property in question has approximately 30() feet of frontage on Henna Ave. south of 177th St. Mr. Ro=_.se correntl'y resides on a tract of land (tax parcel 2460) east and north of the site in question. Access to their principal residence is provided by a private road easement which runs adjacent to the site. The structure .in question is to be located on tax; parcel 2990, and based on the application there appears to be no proposal to construct a principal residence on the site, now or in the future. Although the Planning Commission has recommended approval of similar requests in the past, said approvals have alo ays been tied to a time period in which the owner must construct a re{•.i.de_-r,r..e and the posting of P.C. Minutes - October 23, 1991 Page 3 financial security ($3,000) in the form of a cashiers check or letter of credit assuring that the conditions of the special use permit are complied with. If the Planning Commission feels that this request is consistent with the comprehensive plan and other development in the area, we would recommend that SUP approval be subject to special conditions. Mr. Rosse stated that he intends to use the proposed building for agricultural crops, farm related equipment and possibly livestock. He stated that he does own a construction company, which is based and operated from Little Canada. He stated the he keeps a grader and truck on his site in Hugo to maintain the easement, but he would be happy to move the equipment to his site in Little Canada. Surrounding residents were concerned that the easement was provided to two ten acre parcels and was not intended to be used for the parcel Mr. Rosse wants to construct the proposed building on. They also felt the building would create an eyesore and should be located on his 16 acre parcel on which his home is located. Mr. Rosse stated that he thought he was doing his neighbors a service by bringing in gravel for the road and doing the grading. Commissioner Oswald stated that a financial deposit and deadline to construct a residence was required of people who do not live in Hugo, but someone who lives 300' from the proposed building site should be allowed to construct the building. Mr. Oswald also stated that the sum of Mr. Rosse's property is approximately 36 acres and he should be allowed to construct an unlimited amount of accessory storage. Chairman Peltier stated that the principal use in an agricultural zone is agriculture and a single building on site could be the principal building. Mr. Oswald stated that if the ordinance was taken word for word Mr. Rosse would be mandated to construct a residence. Commissioner Davis pointed out that there was access to the site from Henna Ave. and he would not need to use the easement on the west side of the property if the building were constructed. Motion made by Oswald, seconded by Peltier to recommend that no Special Use Permit be required, but Mr. Rosse submit a site plan application and obtain building and driveway permits only. AYE: Oswald, Peltier NAY: Mezzano, Davis, Thoreson Motion failed. Motion made by Davis, seconded by Thoreson, to recommend approval of the special use permit request of Louis Rosse, to construct a 48' X 72' accessory storage building prior to construction of a principal residence (described as 93003-2990) subject the following special conditions as follows: 1. The structure in question shall be used for agricultural or residential purposes only and no commercial or industrial use of the property will be permitted. P.C. Minutes - October 23, 1991 Page 4 2. The property owner has ___ months (to be determined by City Council) from time of special use permit approval to construct a principal residence on site. 3. A financial deposit in the form of a letter of credit or cashiers check be provided to the City in the amount of $3,000 assuring compliance with this permit (necessity of this condition to be determined by the City Council). 4. The city staff be permitted access to the site at reasonable times for inspection to assure compliance with this permit. 5. This permit and approvals shall run with the land and shall be placed on file in the office of the County Recorder. 6. Failure to comply with all conditions of the Special Use Permit shall be grounds for revocation of same and forfeiture of the financial security required. AYE: Mezzano, Davis, Thoreson NAY: Oswald, Peltier Motion passed. Commissioner Davis reviewed this request with the Planning Commission. He stated that Mr. James Dotte, 3165 Karth Rd., White Bear Lake, Minnesota has made application to the City of Hugo for a Special Use Permit to allow for the removal of black dirt from property owned by him in the City of Hugo for the purpose of operating his landscaping business. The site in question is located at the northeast corner of Fenway Ave. and 165th St. (aka 5380 165th St.). The property consists of approximately ten acres and is zoned agricultural. Mr. Dotte has indicated that it is his intent to remove the top soil from the area identified and that a residential dwelling will be constructed some time in the future. On May 15, 1989, Mr. Dotte was granted a Special Use Permit for the excavation of two ponding areas and the removal of soils from parcels A and B on 165th St. and Fenway Ave. Since that time Mr. Dotte's SUP has expired and only one of the ponds originally proposed has been completed. The ponding area in question is that portion of land on the eastern 1/3 of the site at or below elevation 913 mean sea level. The staff reviewed the site for compliance with the previously issued special use permit, which indicated that Mr. Dotte did comply with all conditions of the previous permit. If the Planning Commission feels this request is consistent with the comprehensive plan and development in the surrounding area, we would recommend Special Use Permit approval be subject to the following special conditions. Neighboring residents Tony Penna and Art Munger were present to dispute the fact that Mr. Dotte has complied with his previous special use permit. Mr. Penna stated that the area was to be fenced and have a gate, and that the Dotte's have been operating illegally for years and previous to their mining operation there was never standing water on the site. Mr. Dotte stated he would be glad to bring in his engineer to explain his operation and that he is mining in accordance with his previous and proposed permits. Mr. Dotte stated he will be moving the building , currently on site, to a permanent location when financially possible. P.C. Minutes - October 23, 1991 Page 5 Commissioners Mezzano and Davis concurred that this use was consistent with the comprehensive plan and they feel confident relying on the recommendations of the city engineer and code enforcement officer. Commissioner Oswald stated the Commissioners are not engineers and they rely on the advice of Rice Creek Watershed District. Motion made by Oswald, seconded by Mezzano to recommend approval of the special use permit request by James Dotte to mine his property described Above (aka 5380 165th St.) subject to the following conditions: 1. Compliance with Rice Watershed District Permit #91-20. 2. Removal of soils may be permitted within the identified ponding areas no deeper than 911 mean sea level. 3. No soil material shall be removed within 50' of the east and north property lines. 4. The property owner shall be responsible for all illegal dumping on site and all illegally dumped material must removed and dumped in an approved sanitary landfill. 5. This permit shall expire on December 31, 1993. 6. The property lines and ponding areas on the site must be identified by the applicants to assure proper setbacks are met if required by the City code enforcement officer. 7. All on site activities as a result of this permit shall not cause the altering of any public water course, ditch, or approved drainage system, unless authorized by the RCWD. 8. No activities on site will be permitted other than the mining of black dirt and the construction of a single family residence. 9. Financial security in the amount of $1,000 in the form of a letter of credit or cashiers check shall be provided to assure compliance with this permit through December 31, 1993. 10. Any violations of the terms or conditions of this SUP shall be grounds for immediate termination of same and forfeiture of the financial security provided. 11. Required mining permit shall also be secured. AYE: Mezzano, Davis, Oswald, Peltier NAY: Thoreson Motion passed. 5.D COMP PI AN AMENDMENT REQUEST - H. BRAMSTEDT Mr. and Mrs. Harold Bramstedt of 6343 145th St. No., Hugo, Minnesota have made a formal request to the Planning Commission to add approximately 170 acres of their property to the Metropolitan Urban Service Area proposed in the City's Comprehensive Plan Amendment. The property in question is located east of Goodview Ave. and south of 145th St. It is the understanding of the Planning Commission that when acreage is added to the MUSA in one area, land from another area must be deleted. Motion made Oswald, seconded by Peltier to recommend to the City Council or the City Staff that the Bramstedt property be considered for inclusion in the Metro Urban Service Area. Property described as follows: All of the southwest quarter of Section 21 (93021-2350, 2400, 2450) and 93021-2600. P.C. Minutes - October 23, 1991 Page 6 The Planning Commission meeting will be held on Tuesday, November 26, 1991 in that the fourth Wednesday of the month in November is the eve of Thanksgiving. The Planning Commission meeting will be held on Wednesday, December 18, 1991 in that the fourth Wednesday of December falls on Christmas Day. Motion made by Thoreson, seconded by Davis to adjourn at 9:50PM. All aye, motion passed. Carole LaBelle, Secretary Hugo Planning Commission