HomeMy WebLinkAbout1990.11.28 PC MinutesMINUTES OF' THE HUGO PLANNING COMMISSION MEETING
November 28, 1990
The regular meeting was called to order by Chairman Senkler at 7:01PM.
PRESENT: Mezzano, Thoreson, Oswald, Barnes, Senkler, Carole LaBelle
ABSENT: Henry
Motion made by Mezzano, seconded by Thoreson to approve the minutes of
October 24, 1990 as amended.
All aye, motion passed.
SUBDIVISION REQUEST (P. NADEAU)
Commissioner Bill Mezzano stated that Mr. Pierre Nadeau has made
application to the City of Hugo for a minor subdivision and waiver of
formal platting requirements to subdivide a 19.86 acre tract of land into
two parcels, one of ten acres, and one of 9.86 acres. The property is
zoned agricultural and is located on Everton Ave. approximately 3/4 of a
mile north of Washington County State Aid Highway 8. Mr. Nadeau has made
application to the Rice Creek Watershed District for the appropriate
permits as required. A preliminary sketch and description of the property
has been prepared for preliminary review by the planning commission. This
request is a re -subdivision of a previous certificate of survey approved
by the City Council for Mr. Don Valento in 1988. If the Planning
Commission feels this request is consistent with the City's comprehensive
plan and for development in this area, we would suggest that any
recommendation to the city council for approval be subject to special
conditions.
Ms. Karen Anderson, a neighboring property owner was concerned that
portions of the site in question were very low and has always had standing
water in the southeast corner. The applicant stated that currently there
is no standing water but there is a ponding area on the south of the
property not affecting the road or access to the property in any way.
The planning commission concurred that this was a suitable home site but
would like contours and elevations drawn on the survey, as well as the 500
year flood zone identified.
Motion made by Senkler, seconded by Barnes to recommend approval of the
request by Pierre Nadeau to subdivide a 20 acre tract of land described
as; The north 1/2 of the southeast 1/4 of the southwest 1/4 of Section 18,
T31N, R21W, into a ten acre parcel and a 9.86 acre parcel and waiver of
the formal platting requirements subject to the following special
conditions.
1. The final 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. The property lines on site must be identified by the applicants to
assure proper setbacks when buildings are to be constructed if
required by the building inspector.
P.C. Minutes - November 28, 1990
Page 2
4. Proposed driveways or drainage areas within the development must
include installation of a minimum 15" diameter corrugated metal
culvert in a manner acceptable to the city.
5. No building permits shall be issued until the survey has been approved
and recorded with Washington County.
6. Securing the required permits from the watershed district is required
prior to final survey approval.
7. All fees relating to this subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
8. Percolation tests for each buildable site must be submitted to the
city prior to final survey approval.
9. Payment of fee in lieu of parkland dedication shall be made to the
city prior to final plat approval.
10. 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 district.
11. Developer shall comply with all requirements and restrictions
applicable to identified flood zones.
12. Precise descriptions of all parcels to be subdivided should be
included.
13. Property irons identifying the lot corners must be found and/or set as
a part of this survey approval.
14. The 500 year flood zone area must be shown on the survey.
15. The lowest floor elevation of any dwelling must be above elevation
914' MSL.
16. Prior to city council review, contours and elevations be shown on
survey in addition to the 500 year flood zone.
All aye, motion passed.
SPECIAL USE PERMIT (MORT HUBER)
Commissioner Debra Barnes stated that Mr. Mort Huber of 4903 Otter Lake
Rd., Lino Lakes, Minnesota has made application to the City of Hugo for a
special use permit to build a home in the flood plain (zone A) and serve
an existing lot by private easement. The property in question is
identified as parcel #1 of a six lot survey prepared in the 1970's by
Milner Carley Surveyors. The lot identified as #1 on the old survey is
both in Lino Lakes and Hugo, as well as Anoka and Washington Counties. A
home is located on the west end of the site and Lot #1 has been used as a
single tract of land consistent with the original survey. Because the
site in question is in two different counties and cities, the county
surveyors regard this as two different tracts of land for recording, as
well as tax purposes. Because of the opinions provided to the city staff
by the county surveyors, we are recognizing this as two separate parcels
of land, even though it was never formally subdivided by the City. The
property in question is zoned SFE and is just over 1.2 acres. The lot was
a filled wetland in 1963 and again in 1969. Both the Department of
Natural Resources and the Army Corps of Engineers indicate that they have
no problem with this proposal as long as it meets all local requirements
and those of the Rice Creek Watershed District. Mr. Mort Huber has
submitted the formal application for a permit from the RCWD.
P.C. Minutes - November 28, 1990
Page 3
Approximately 90% of the lot in question identified as Tract B on the site
plan is located in the 100 year flood plain. The regulatory flood
protection level is 914 mean sea level and the 100 year flood elevation is
913 mean sea level. Over 50% of the site is at or below the 10 year high
water elevation of 912.1 mean sea level. With the exception of the mound
septic system and the proposed building pad area, the entire site
identified as tract B is identified as a drainage easement. The
identified septic system area is located 100' from the proposed well
site. The applicants identified the lowest floor elevation of the
proposed structure to be 2 ft. above the 100 year flood elevation. The
wetland identified on the lot south of the site in question, currently
holds standing water. The access to the proposed site by Mort Huber is
through a private gravel driveway easement.
There are a number of concerns that the city staff has regarding this
proposal.
1. The proposed location of the mound septic system on the site plan is
different than the area identified in the percolation test. It should
be noted that the Washington County Health Department has tentatively
approved the mound septic system subject to meeting certain
conditions.
2. The lowest floor elevation proposed for any structure has been
identified as 915 mean sea level. The city staff has recommended to
the developer that the lowest floor elevation be established at 917
mean sea level, which would be 4' above the 100 year flood elevation
and consistent with recent planning commission and council policy.
3. No provisions have been made for garages or exterior storage on site
and these types of structures would not be permitted in the drainage
easements which would be the balance of the site.
4. The site does not comply with section 320-5B (2) of the City zoning
ordinance with regard to access to a site by private easement.
5. Sewage from the residence will have to be pumped 100 ft. to the west
into the proposed mound system.
Of particular concern to the staff, as well as representatives of the RCWD
is that the City may be creating a situation similar to that of the homes
that flooded near Oneka Lake 5 to 6 years ago. If the planning commission
feels that this type of development is consistent with similar development
in the area and the permit in question will not be detrimental to the
health, safety, welfare, and improvements on the site in question or to
the surrounding areas, we would suggest that any recommendation for permit
approval be subject to special conditions.
Mr. Rod Halverson, Midwest Land Surveyors was present to address any
questions regarding drainage and excavating. He stated that the drainage
would be directed from the north west area of the property to the south
property line and into Bald Eagle Lake. Mr. Mort Huber stated that they
would construct a birm along the south property line to avoid any drainage
onto the neighboring property to the south. Mr. Huber stated that the
stormwater has always flowed in this direction and installing the birm
would be an improvement.
P.C. Minutes - November 28, 1990
Page 4
Mort Huber informed the commission that this property has never flooded
and the lake has never come over the existing sea wall. Chairman Senkler
opened the hearing for public comments. Ron and Karen Schmid, adjacent
property owners to the south were concerned with the drainage from the
proposed lot onto their property. Mr. Schmid stated that the property may
not have been flooded by the lake, but stormwater has flooded the site.
The applicant stated that the proposed building slab would include a
garage area. Mr. Halverson informed the commission that FHA requires
construction be 4' above lake level and 2' above the 100 year flood plain.
The Planning Commission concurred that for numerous reasons this was not
an acceptable location for a homesite.
Motion made by Senkler, seconded by Oswald to recommend denial of the
request for a special use permit by Mort Huber to construct a residence on
the above specified property for the following reasons:
1. Nearly 90% of the site was below the 100 year flood elevation, and a
large portion of the site was below the 10 year flood elevation.
2. The site in question was landlocked, and not in conformance with
Chapter 320-5B, Paragraph 2, which requires minimum lot size of 300'
in width and 5 acres in an area to serve a site by private driveway
easement.
3. The proposed elevation of the building site pad is 915' mean sea
level, and the City staff recommendation is 917' mean sea level.
4. The site in question is the rear yard for a current residence on site,
and the use being proposed is not consistent with the use of the
properties adjacent to the site in Washington County.
5. The entire site, with the exception of the building pad and mound
septic system, is a drainage easement.
6. The site drainage plan lends itself to seepage from mound septic
system directly to the lake.
All aye, motion passed.
Commissioner Barnes requested that addresses be included on surveys when
possible to assist in identifying properties during site inspection.
Motion made by Barnes, seconded by Senkler to adjourn at 8:20PM.
All aye, motion passed.
Carole LaBelle, Secretary
Hugo Planning Commission