Loading...
HomeMy WebLinkAbout1989.10.25 PC MinutesMINUTES OF THE HUGO PLANNING COMMISSION REGULAR MEETING October 25, 1989 The regular meeting was called to order by Chairman Senkler at 7:04PM. PRESENT: Mezzano, Barnes, Senkler, Administrator Huber, Administrative Intern Stuart Schmeling, Carole LaBelle ABSENT: Henry, Thoreson, Oswald Motion made by Mezzano, seconded by Barnes to approve the minutes of September 27, 1989. All aye, motion passed. Davis)Special Use Permit (Dan Administrative Intern Stu Schmeling reviewed this application with the planning commission. Mr. Schmeling stated that Mr. Dan Davis has applied to the City of Hugo for a special use permit to board two horses on his property located at 8745 122nd St. The property is zoned RR2, is approximately 6.2 acres in size, and is located on the east shore of Round Lake. The parcel in question has a metes and bounds description on the warranty deed but because of a recent subdivision should be identified as Lot 1, Block 1, Round Lake Addition. The previous property owner was denied a special use permit for the commercial boarding of horses on November 18, 1987. The City of Hugo zoning ordinance states that one horse is permitted on five acres and one additional horse for each acre zver 5 by special use permit. If the planning commission feels that the use in question is appropriate and is in good planning for the area, we would recommend that the special use permit be subject to the recommended special conditions. Chairman Senkler opened the public hearing for comments. Mr. Mike Ball stated his concerns about keeping the animals away from the lake and secured in a fenced area, as they have had a problem in the past with animals getting loose. Other residents felt a person should be able to use their property as they wish. Hearing no more comments from the public the hearing was closed. Mr. Davis stated that they will be using wire fencing for the corral through the winter, but would like to install a wood fence in the spring. Commissioners felt that this was a new request and past applications should not have any bearing on the current application. They indicated that 2 horses on a 6 acre parcel should not create a problem, but would like a fourth condition which would void the permit if any of the requirements were violated. Motion made by Barnes, seconded by Mezzano to recommend approval of the special use permit request of Mr. Dan Davis to board two horses on his property (6 acres) at 8745 122nd St. (lot 1, Block 1, Round Lake Add.) subject to the following special conditions. P.C. Minutes 10-25-89 1 1. No more than two horses may boarded on the property limited to those owned by the residents of 8745 122nd St. No commercial horse boarding to be allowed on site. 2. Horses must be kept at least 500 feet from the shore of Round Lake. 3. The warranty deed be corrected to read Lot 1, block 1, Round Lake Addition, stamped and recorded at Washington County. 4. Approval shall be based on the site plan submitted and may be revoked for failure to comply with the above referenced special conditions. All aye, motion passed. Soecial Use Permit (John Southward Administrative Intern Stu Schmeling reviewed the application with the planning commission. He stated that Mr. John Southward has applied to the City of Hugo for the construction of a 60' X 100' (6,000 sq. ft.) accessory structure on a ten acre parcel. The site in question is zoned agricultural. Mr. Southward stated that the building will be used as a garage, for storing farm machinery and equipment, hay, and possibly horses. The city zoning ordinance 320-4, Subd. C allows accessory storage over 3600 sq. ft. by special use permit only. The site has approximately 8 semi trailers and circus equipment scattered throughout the property. The property is described as that part of the east 475' of the southeast 1/4 of the southeast 1/4 of Section 28, T31, R21W, lying south of 132nd St. North. It was noted that Southward Amusements, located at 82 N. Mounds Blvd. and Mr. John Southward's previous address was the same. We can only assume there is some correlation between Southward Amusements and 1r. Southward. One concern of the city is the storage of carnival equipment which is not allowed by city ordinances and should be addressed prior to approval of additional accessory storage. Chairman Senkler requested comments from the public. Mr. Southward stated he stores the circus equipment for his brother but will have it removed. Mr. Southward also indicated that he stores mills, lathes, and tools in the trailers, but the equipment is for his hobby and not a commercial operation. He informed commission members he is not conducting any commercial business on the site. Commissioner Mezzano felt it would be extremely difficult to determine at what point a hobby becomes a commercial operation. Commissioner Barnes did not have any objections to the building provided all commercial equipment is removed and no commercial activity take place on site. Motion made by Mezzano, seconded by Barnes to recommend approval of the special use permit for a 60' X 100' accessory storage building for Mr. John Southward, on his property at 7307 132nd St. (93028-2130), subject to the following special conditions. 1. Remove all semi trailers and carnival equipment stored on the site at 7307 132nd St. 2. No exterior storage be permitted on the site. 3. No commercial storage or activity will be permitted on site. 4. No repairs of commercial or recreational equipment be permitted on site. P.C. Minutes 10-25-89 2 5. Use of the building be limited to residential or agricultural related activities. 6. Failure to comply with the special conditions noted herein shall be grounds for permit revocation and removal of the building. All aye, motion passed. Special Use Permit (Bob Hampel) At the request of Chairman Senkler, Administrative Intern Schmeling reviewed the application with the planning commission. He stated that Mr. Bob Hampel has applied to the City of Hugo for a temporary storage structure on the property at 5075 124th St. (Lot 23, Block 1, Lake Air Estates). The storage structure was constructed of wood and plastic without the proper permits being issued by the City. The property in question is owned by Steven and Cynthia Hartmann. The property is zoned SFE. Accessory storage up to 640 sq. ft. must be constructed of similar materials to the residence. The restrictive covenants for Lake Air Estates prohibit any used building from being moved onto the premises. It also specifies that all garages or accessory buildings must be similar in design and construction and covered with the same exterior materials as the main dwelling. There is currently a 16' X 20' accessory building on the property in question with similar exterior materials to the residence. During a conversation with city staff, Mr. Hampel informed the commission that his collection of Bonsai trees is one of the largest in the midwest and busloads of people come all year round to see the collection. City staff feels that Lake Air Estates is not an acceptable location for busloads of people to view bonsai plants. Chairman Senkler opened the public hearing for comments. Michelle Scharenbroich, 5027 124th St., Lori Plain, 5063 124th 8t., and Suzanne Carey, 5021 125th St. supported the construction of the structure and felt that residents should be able to do what they want on their own property. Mr. Dan DeYoung did not object to the storage structure but was concerned that it may be lighted at night. Mr. Hampel informed the audience that lighting is not required for the storage of the Bonsai trees during the winter and would not have the structure lighted unless they were actually in the building. He stated that the existing poly structure is definitely temporary and would be removed in the spring when they expand the existing storage building. Mr. Hampel informed the commission that the busloads of people who viewed the trees were members of the Bonsai Association and that it was a once in a lifetime opportunity to display his collection. He stated that they try to maintain a low profile because of the value of the Bonsai trees and the containers many are planted in. Commissioner Mezzano stated that the restrictive covenants state that no used structure be used and very often making exceptions for one person turns into a nightmare when others ask for the same exception. Administrator Huber informed the commission that the city has no obligation to enforce restrictive covenants and the City can only act on complaints when they would affect the health and safety of the public, and the city can have difficulty in regulating the appearance of a building. Mr. Hampel stated that the temporary structure is strictly a stop gap measure for the winter to store his Bonsai collection. The Hampel's are not residing in the home at 5075 124th St. and the storage structure was P.C. Minutes 10-25-89 3 allowed by the current owners so the tree collection could be moved during warm weather. The Hampel's will take possession of the home at 5075 124th on November 30, 1989. In making his motion for approval of the special use permit for Lot 23, Block 1 of Lake Air Estates allowing a temporary structure made of wood and poly material to remain on site, Commissioner Mezzano stated that he did not feel that the conventional type greenhouse structure in question is appropriate for this residential area, he noted that his recommendation for approval was based on the fact that the structure is already present on site, that it will be removed in the spring of 1990, and creates an extreme hardship for the applicant in light of the current weather conditions and his need to properly care for the Bonsai Tree collection. Commissioner Barnes seconded the motion for approval subject to the following special conditions. 1. The site in question be used only to grow and house the Bonsai Trees and not as a commercial operation. 2. The temporary building must be removed by June 1, 1990, and the applicants will post a $2,000 letter of credit good through July 1, 1990 or make a cash deposit with the City of Hugo to assure removal of the temporary structure. 3. The applicants pay double permit fees to secure the proper permits in advance of constructing this temporary facility. 4. No sale of the Bonsai Trees be permitted from the site in question. 5. No public or group viewing of the trees be done at 5024 124th St., Hugo Minnesota. 6. No on street parking be permitted as it relates to this permit. 7. No advertising be permitted on site. 8. The permanent structure to be constructed in the spring of 1990 be of the same material as the principal residence. 9. This temporary accessory building be properly maintained at all times. 10. Lighting in the temporary structure be limited to reasonable hours and said lighting will not be on when the owners are not in the structure. Upon roll call: All voting aye. Motion carried. Commission Chairman Senkler again reiterated the position of the planning commission regarding the temporary structure just acted on by the commission. He stated that the commission does not feel the structure is acceptable for this type of residential neighborhood and is only making this recommendation for a limited time to avoid any hardship or loss of the Bonsai Trees by Mr. Hampel. He pointed out that the commission did not want to lead anyone to believe that a precedent was being set and that the conventional type of plastic/glass greenhouse facility is not acceptable in this type of residential development. Motion made by Senkler, seconded by Mezzano to set the November meeting date to November 21, 1989 in an effort to avoid the Thanksgiving holiday. All aye, motion carried. Motion made by Senkler, seconded by Barnes to adjourn at 8:35PM. All aye, motion carried . Carole LaBelle, Secretary Hugo Planning Commission P.C. Minutes 10-25-89 4