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HomeMy WebLinkAbout1990.03.28 PC MinutesMINUTES OF THE REG(..IL..AR HUG() PLANNING COMMISSION MEETING March 28. 1990 Chairman Senkler called the regular meeting to order at 7:03PM PRESENT: Henry, Thoreson, Barnes, Oswald, Senkler, Administrator Huber, Carole LaBelle ABSENT: Mezzano Motion made by Henry, seconded by Barnes to approve the minutes of January 24, 1990. All aye, motion carried. Reznninc;LReqUeSt - David Lutz Chairman Senkler requested Administrator Huber review this request with the Planning Commission. Mr. Huber stated that on behalf of David and Lorna Lutz, Mr. David Lutz, Jr. has made application to the City of Hugo for the Rezoning of a 60 acre tract of land from conservancy to agricultural. The property in question is located west of Keystone Ave. and northeast of School Section Lake (north 68 1/4 rods of government lot 2 and all of government lot 3 in Section 25, T31N, R21W, Hugo, Minnesota). The property to the north of the site in question is currently zoned agricultural, while the areas to the west and south are zoned conservancy. The area to the east of Keystone Ave. is in May Township. Mr. Lutz also owns the tract of land immediately north of the site in question and it is their intent to continue farming the land for the time being, although, the long term plan may be to subdivide the property into ten acre lots for future development. If the property were to be subdivided to accommodate a single family dwelling on a ten acre tract, the applicant would be required to go through the subdivision process as per city ordinance. This request appears to be consistent with the city's comprehensive plan and similar types of development in this area of the City. Chairman Senkler requested comments from the public. Commissioners asked Mr. Lutz where the property ends at the southwest corner. Mr. Lutz stated that the west property line is at the culvert. Planning Commissioners concurred that this request was consistent with zoning in the surrounding area and the rezoning would be consistent with the surrounding development. Motion made by Senkler, seconded by Barnes to recommend approval of the request of David and Lorna Lutz to rezone a 60 acre tract of land from Conservancy to Agricultural. Legal description as follows: the north 68 1/4 rod of government Lot 2 and all of Government Lot 3 in Section 25, T31N, R21W, Hugo, Minnesota. All aye, motion passed. P.C. Minutes - March 28, 1990 Page 2 Minor Subdivision - Paul Rice Administrator Huber reviewed this application with the Planning Commission at the request of Chairman Senkler. Mr. Huber stated that Mr. Paul Rice on behalf Jerome Pierre, Phyllis Green, and Mr. Robert Elsola, has made application to the City of Hugo to subdivide approximately 18 acres, zoned conservancy into three lots to be consolidated with three homesites. The property in question is on both sides of Keller Ave. and at the southeast corner of School Section Lake. The applicants currently have residences on parcels A, B, and C east of Keller Ave. as indicated on the enclosed certificate of survey. The applicants have acquired the portion of land west of Keller Ave. from Mr. Robert Elsola in an effort to secure access to School Section Lake. The property is currently zoned conservancy and the applicants are requesting waiver of the formal subdivision requirements. In light of the fact that this request involves the consolidation of property to expand the size of the existing residential lots and considering there are no improvements or development proposed for the site in question, we can see no objections to approval of this subdivision and waiver of the formal subdivision requirements. We would suggest that said approval, if recommended by the planning commission be subject to special conditions. Chairman Senkler requested comments from the public. Area residents shared the opinion that no building construction should be permitted on the proposed lots. Mr. Rice stated that the property is strictly for private lake access by the homeowners and it was not their intent to allow public access. Patrick Rooney was concerned that because of the traffic on the road allowing docks or boat launching would create a hazard. Pam Bjorum supported the subdivision. Chairman Senkler stated that the water appears to be in the road right-of-way at this time and leaves virtually no space for placement of a dock on site. Motion made by Henry, seconded by Thoreson to recommend approval of the request of Mr. Paul Rice to subdivide an 18 acre tract of land into three lots to be consolidated with three existing homesites and waiver of the formal subdivision requirements subject to the following special conditions. Legal description as provided on warranty deed available on file in the City Clerk's office. 1. The certificate of survey must be submitted to the city council within 90 days of preliminary survey acceptance or planning commission approval shall be null and void. 2. All conditions of survey approval must be met prior to the stamping of any deeds for recording by the city clerk unless otherwise permitted by council action. 3. If required, permits from the Department of Natural Resources must be secured prior to final survey approval. 4. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 5. No improvements, landscaping, or grading shall be permitted in the defined drainage areas without the express written authorization of the city and the approved watershed districts. P.C. Minutes - March 28, 1990 Page 3 6. No significant deviations from the approved preliminary survey shall be permitted unless reviewed by the planning commission prior to council approval. 7. The use for which this permit is sought is not in violation of any restrictive covenants applying to the property referenced herein. B. Although separated by a public roadway, the lots identified as Parcels A, B, and C shall be considered as single parcels of land. 9. No buildings are to be constructed on these parcels in violation of the city's shoreland regulations. Rezoninq RE,.? UeSt - -St. John's Catholic. Church Chairman Senkler requested that the Administrator review this application with the Planning Commission. Mr. Huber stated that on behalf of St. John the Baptist Catholic Church of Hugo, Minnesota, the Washington County Housing and Redevelopment Authority has made application to the City for the Rezoning of a 2.4 acre tract of land from Concentrated business to Retail Business. The property in question is located south of the church parking lot between trunk Highway 61 and Egg Lake. The rezoning involves only Parcel B as identified on the enclosed certificate of survey. The certificate of survey in question will be subject to planning commission and city council review if the property is rezoned as requested. The area north of the site in question is zoned concentrated business, the area west of the site is zoned industrial, and the area south of the site is zoned RB and SFU. The purpose of the rezoning request is to accommodate the construction of a multiple family residential housing project on the site. Multiple family residences are permitted in RB zones by special use permit. This rezoning request is the first in a series of three steps necessary to accommodate the project being proposed by the housing authority. Pending rezoning approval, the subdivision of the property would be required, and then a special use permit application must be submitted for consideration. Mr. Brad Wirt of the Washington County Housing and Redevelopment Authority stated that within one month they would take possession of the property in question from the St. Paul Archdiocese. The HRA expects to get approval from the Rice Creek Watershed District in March. Mr. Wirt informed the commission that the proposed housing units (provided the rezoning and SUP is approved) would be handicapped accessible, with one unit being totally handicap equipped. He stated that the HRA is tax exempt but in situations as this, they pay approximately 5% of the net property rental fee in lieu of taxes. Chairman Senkler requested comments from the public. Several residents were present and stated that they support the project wholeheartedly. Motion made by Oswald, seconded by Henry to recommend approval of the request of the Washington County HRA and St. John the Baptist Catholic Church of Hugo/St. Paul Archdiocese to rezone 2.4 acres from Concentrated Business to Retail Business. Legal description as provided on the survey dated 5-10-90 in the office of the City Clerk. All aye, motion carried. P.C. Minutes - 3-28-90 Page4- Administrator Huber informed the Planning Commission that the city attorney advised him that the same process must be followed to revoke a special use permit as to issue one. That is the reason for holding the Public hearing and returning to the Planning Commission. Mr. Huber stated as per council direction a public hearing has been scheduled for this evening, March 28, 1990 to consider the possible revocation of a special use permit issued to Mr. Stanford Krueger and Verdene Molitor, August 3, 1987' The initial special use permit request was reviewed by the planning commission at a public hearing on July 22, 1987. In his initial application Mr. Krueger requested the construction of a 50' X 80' pole building prior to construction of a principal residence on site. Mr. Krueger stated on his application that the pole building is to be used for storage of his tractors and implements used in farming. In August of 1987 the city council approved the special use permit as recommended by the planning commission with emphasis on the fact that the structure in question must be used for farming purposes and that no commercial and industrial uses be permitted, as well as, a principal residence being substantially under construction by January 1, 1988. In the late fall of 1988, Mr. Krueger appeared before the city council and requested an extension of time be given for the construction of the principal residence because of financial difficulties he had encountered. The city council granted an extension date to December 31, 1989 allowing him one additional year to begin construction of a residence. On November 20, 1989, the city administrator visited the site in question located at 6909 132nd St. No., Hugo, Minnesota. Mr. Stanford Krueger was present on the site and accompanied the city administrator as he viewed the grounds and the east half of the storage building constructed under this special use permit. In viewing the site the following was noted. 1. The east side of the building in question was open and Mr. Krueger was loading pallets and boxes onto shelving in this portion of the structure. The building was being used as a warehouse and no farm equipment was present in the building, other than the tractor being used as a forklift. 2. There was an unknown quantity of shelving and brackets located outside of the building east of the driveway. There was a large quantity of pallets being stored outside of the pole building at the west end of said structure. 3. There was a very large quantity of boxes being stored on the shelving inside of the building in question, as well as, a large quantity of boxes being stored on the floor of the building. 4. There was some farm equipment being stored outside of the building in an open field north of said structure. In the city administrator's discussions with Mr. Krueger it was acknowledged that no farming was taking place in the area south of the structure in question, but that it was Mr. Krueger's intent to graze cattle on the site when fences are put up some time in the future. He P.C. Minutes - 3-28-90 Page 6 - also stated that sometime this winter, Mr. Krueger intended to put his house up for sale in Vadnais Heights so he could have a down payment to construct a new home on the site. When the city administrator requested access to the west portion of the building to see how it was being used he was denied access by Mr. Krueger. On January 8th, 1990, Mr. Stanford Krueger was sent a certified letter notifying him that he was in violation of items 3, 8, and 10 of the Special use permit. In his appearance before the city council on January 16, 1990, Mr. Krueger attempted to explain why he could not pay off his contract for deed until 1992, preventing him from obtaining a building permit. After a review of his contract for deed the city attorney did not see any impediment to obtaining a building permit for a home on the 40 acres in question. The city council asked Mr. Krueger if he had denied Mr. Huber access to his building and Mr. Krueger said yes, noting that Mr. Huber should have made an appointment to inspect the site. Mr. Krueger also stated that he owns a manufacturing business in Becker, Minnesota and that he uses his pole barn in Hugo to store merchandise from his Becker- business. eckerbusiness. Councilman McAllister later accompanied Mr. Krueger to the site in question for an inspection and was unable to secure access as Mr. Krueger stated he did not have the keys to the building. Mr. Krueger has acknowledged that he is in violation of the 3 conditions of the special use permit and is requesting a two year extension for the construction of a principal residence on the site. The city council has requested that Mr. Krueger appear before the planning commission and show cause why his special use permit should not be revoked for failure to comply with the conditions therein. The council is seeking the recommendation of the planning commission on this matter. Mr. Krueger read a letter to the Planning Commission indicating someone was farming part of his property and a second letter indicating who was purchasing the crop. Mr. Krueger stated that he does have trees planted on the north acreage, but there is nothing planted on the south. Mr. Krueger stated that he does not want to obtain a building permit on property that he does not have clear title on. He also stated that Mr. McAllister inspected the building the day after the above mentioned City Council meeting. Mr. Krueger admitted that he does store business material in his building at 6909 132nd St. He also informed the Planning Commission that there is light assembly (soldering, hot gluing, etc.) taking place in the building. Chairman Senkler requested comments from the public. Area residents J. Jessen and Bill Wunderlich informed the commission they feel it is should be acceptable to use the building for commercial storage. Mr. Jessen also confirmed he has helped with farming on the property. Mr. Wally Stoltzman informed the commission that he has done tractor repair for Mr. Krueger and has seen several tractors on the property, and that the existing building is barely visible from the road. After further discussion Chairman Senkler then closed the public hearing. Mr. Senkler stated that the primary order of importance are the failure the commercial use of the building, the building. Mr. Senkler stated issues of the special use permit, in to construct the principal residence, and the denial of reasonable access to P.C. Minutes - 3-28-90 Page 6 that businesses are welcomed in Hugo but should be located in the appropriate zoning district. Chairman Senkler made it clear to the audience that Mr. Krueger was aware of the conditions of his contract for deed with regard to the financial arrangement, prior to applying for his special use permit. Mr. Krueger agreed to all conditions of the special use permit by virtue of his signing the document. Chuck Henry stated he does not approve of the enthusiastic entrepreneurs locating their businesses wherever they choose to do so in Hugo. Commissioner Bob Oswald felt the City is ultimately looking for compliance with the special use permit and can see no benefit in removing or destroying Mr. Krueger's building. Mr. Krueger stated that prior to purchasing the property and planning for development he should have contacted city hall rather than rely on the advice of neighborhood residents. He also indicated he could probably find a way to pay off his contract for deed and obtain a clear title. However, he admitted that if he was forced to move his business from the building he would undoubtedly have to sell his property. Chairman Senkler reiterated that the City of Hugo made a good faith effort when issuing the original special use permit to allow Mr. Krueger to construct his building prior to his residence and the conditions of said permit were reasonable. Senkler made motion, seconded by Barnes to recommend revocation of the Special Use Permit #1987 -27 -SUP issued to Mr. Stanford Krueger for noncompliance of the specified conditions (3, 8, 10) of said permit issued 8-3-87. AYE: Henry, Thoreson, Barnes, Senkler NAY: Oswald Motion passed. Administrator Huber informed the commission that Hugo recently received a proposed sewer plan for the City of Lino Lakes. The Planning Commission requested a follow-up letter be sent to Lino Lakes regarding the industrial rezoning proposed west of Elmcrest Ave, adjacent to the City of Hugo. On March 21, 1990 the Planning Commission held a work session to discuss the City's Comprehensive Plan Map and Commissioners developed a preliminary plan. The plan allows for strip commercial development for properties adjacent to Highway 61. Residential areas include 3+, 5+, and large lot, 10+ acre development. The high density area of 10,400 sq. ft. is located primarily around Highway 61 and would allow the smaller lot size only in that area served by the MUSA. This plan map to be forwarded to the City jCouncil for review and comment Motion made by Thoreson, seconded by Henry to adjourn at 9:20PM. All aye, motion passed Carole LaBelle, Secretary Hugo Planning Commission