Loading...
HomeMy WebLinkAbout1989.11.21 PC MinutesMINUTES OF THE REGULAR HUGO PLANNING COMMISSION MEETING Tuesday, November 21, 1989 The regular meeting was called to order by Chairman Senkler at 7:02PM. PRESENT: Mezzano, Henry, Thoreson, Barnes, Senkler, Administrative Intern Stu Schmeling, Carole LaBelle ABSENT: Oswald Motion made by Senkler, seconded by Mezzano to appprove the minutes of October 25, 1989 as amended. All aye, motion passed. Chairman Senkler requested that Administrative Intern Schmeling review this application with the planning commission. Mr. Schmeling stated that Mr' Fred Suess has applied to the City of Hugo to rezone 5725 165th St. from Industrial to Agricultural for the purposes of obtaining a mortgage. The property is ten acres in size and is generally located west of Highway 61 and south of 165th St. Said tract is legally described as the east 443 ft. of the west 1168 ft. of the north 984 ft. of the northeast 1/4 of the southwest 1/4 of Section 8, T31N, R21W. The property is adjacent to an agriculture zone on the west and Industrial zones on the east and south. Chairman Senkler requested comments from the general public. No one commented other than the applicant. Mr. Suess informed the commission that he needs to rezone for financing purposes. Commissioner Henry felt that decreasing the industrial zone along Highway 61 was contrary to what was discussed in regard to the comprehensive plan. Other commissioners felt that this area was not suitable for industrial particularly since there is an existing house on the property. Motion made by Thoreson, seconded by Barnes to recommend approval of the request by Fred Suess to rezoned approximately 10 acres from industrial to agricultural. Legal description as follows: The east 443 ft. of the west 1168 ft. of the north 984 ft. of the northeast 1/4 of the southwest 1/4 of Section 8, T31N, R21W. All aye, motion passed. Administrative Intern Schmeling reviewed this application with the planning commission. He stated that Mr. Howard Nicholson and Mr. Harlee Anderson have applied to the City of Hugo for a minor subdivision and waiver of formal subdivision requirements to subdivide a 16.9 acre tract of land into 3 lots of at least 5 acres each. The property is zoned RR2 (5 acre minimum) and is generally located south of 125th St. and east of Fiona Rd. The property is legally described as follows; That part of the iorth 770' of the northwest 1/4 of the southwest 1/4, Section 32, T31N, R21W, Washington County, lying west of the east 500' thereof and lying easterly of the centerline of Fiona Rd. P.C. Minutes 11-21-89 1 No. subject to easement in favor of the City of Hugo for 125th St. No. over that part of the north 33' of the northwest 1/4 of the southwest 1/4 zf said section, lying easterly of the center line of Fiona Rd. No. If the planning commission chooses to recommend approval of this request we would suggest it be subject to special conditions. Chairman Senkler requested comments from the general public. No one commented other than the applicant. Mr. Nicholson stated that the building which exists on proposed lot J-2 meets the setback requirements as the lots are proposed. He also informed the commission that there is access to lot J-1 from 125th St. as it exists, and there is enough property in the easement to create a cul-de-sac at the east end of 125th St. Mr. Nicholson stated he would provide the city council with a survey which identifies the building on Lot J-2 and proposed building sites on the other lots. The main concern expressed by the commission was that 125th St. by surfaced to the satisfaction of the city engineer and extended and improved to allow for turning around at the end of the street. Motion made by Barnes, seconded by Henry to recommend approval of the request of Howard Nicholson and Harlee Anderson to subdivide 16.9 acres (legal description as stated above) into three lots each being at least 5 acres in size subject to the following special conditions. 1. The preliminary 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. 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. 3' 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. 4. No building permits shall be issued until the survey has been approved and recorded with Washington County. 5. Securing the required permits from the watershed district, Department of Natural Resources, and Army Corps of Engineers is required prior to final survey approval. 6. All fees relating to this subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 7. Percolation tests for each buildable site must be submitted to the city prior to final survey approval. 8. Dedication of required parkland or payment of fee in lieu of parkland dedication shall be paid to the city prior to final plat approval. 9. All property owners shall be responsible for maintenance of drainage areas within easement on their property. 10. Legal descriptions of all parcels to be subdivided should be included. 11. Convey 33 ft. easement to the City of Hugo for 125th St. right of way. 12. 125th St. be extended to serve proposed lot 3-1 at the developers expense with surface materials to be determined by the city engineer. 13. Applicant provide the city council with a survey indentifying the existing building on Lot J-2 to assure compliance with setback requirements. All aye, motion passed. P.C. Minutes 11-21-89 2 Idministrative Inter Schmeling reviewed this request with the planning commission. He stated that Mr. Dan Santanni, 1019 W. Sherren St., Roseville, has applied to the City of Hugo for an amended Special Use Permit to construct a 50' X 81' accessory storage building instead of the originally proposed 54' X 40' accessory storage building and requests the waiver of conditions 1, 5, 6, 7 of the previous special use permit approved on 10-6-89 by the city council. This tract is located north of 125th St. and east of Goodview Ave. (aka 7124 125th St.). The parcel is zoned agriculture and is 80 acres in size. The property is legally described as the east 1/2 of the northeast 1/4, Section 33, T31N, R21W, Washington County. The city staff sees no problem with the larger building but would question the desirability of eliminating the special conditions of the previous permit. Chairman Senkler requested comments from the public. Mr. Santanni stated that he felt conditions 1, 5, 6, 7 were unreasonable and an infringement of his constitutional rights. Mrs. Santanni was present and informed the commission that her husband has a hearing problem and that contributes to his confusion and misunderstanding of the issues. Mr. Santanni stated he would welcome any representative from the City of Hugo at anytime to his accessory building but does not feel the condition mandating it is necessary. A majority of the commission members concurred that requiring a building permit on an agricultural building was unnecessary if the building is used solely for agricultural purposes. Administrator Huber attended the meeting briefly and informed the commission that the building zermit condition could be eliminated if the use is solely for farming purposes. Several members also agreed that most farm operations do store machinery outside and to forbid Mr. Santanni from doing so would be unreasonable. After a lengthy discussion and in a motion by Henry, seconded by Barnes the commission recommended approval of the amended special use permit request of Dan Santanni to construct a 50' X 81' accessory storage building for storing his crops, grains, and farm machinery subject to the conditions of his original permit with the following revisions: 1. Shall be deleted 5. If the owner initiates any action to subdivide all or a portion of the 80 acre site described, he shall be required to post a $3,000 letter of credit with the City, assuring that a residential structure will be constructed on the site where the proposed building will exist. Said construction will take place within three (3) years of the submitted letter of creditor the deposit forfieted. 6. No exterior storage of equipment or materials other than for farming purposes shall be permitted on site. 7. Representatives of the City be allowed access to the site at reasonable times to assure compliance with this permit. Members voting Aye: Mezzano, Henry, Thoreson, Barnes Members voting Nay: Senkler Motion passed. P.C. Minutes 11-21-89 3 \dministrative Intern Schmeling reviewed this request with the planning commission. Mr. Schmeling stated that on behalf of Wil Harris Investments, Inc. the city has received an application for a special use permit by DLW, Inc. of Lino Lakes to operate a non -alcohol teenage night club at 17255 Forest Blvd. No., Hugo Minnesota. In reviewing the request the city has been dealing with Mr. Murray Wright and Mr. Dave Doris. The property in question is currently zoned RB on the west and agricultural on the east' The building is currently the home of Willy's 61 Club. It is the intent of the applicants and owners to use the east 70' of the building for the teenage night club, while the west 90' will continue to be used as a bar. In our initial review of this request with Mr. Doris and Mr. Wright, we emphasized our concern regarding the operation of a non -alcohol teenage night club in the same building, and at the same time, that the bar is being operated. We also pointed out our concern regarding parking and proper traffic control at the site in question. Based on the rough site plan provided it would appear that the property in question involves parcels 2320 in section 5, 2430 in section 4, and the west 235' of parcel 2220 in section 4 all in the City of Hugo, Washington County, Minnesota. It would also appear from the city's section maps that Mr. Harris may own more property than what is shown on the site plan. Administrative intern Stu Schmeling met with the applicants on several occasions to discuss the deficiencies in their site plan in an effort to identify in more detail how the site will accomodate the patrons and customer parking that will be generated by this type of activity. In reviewing the application the staff noted the following. 1. The applicants did not provide a survey clearly identifying the dimensions and description of the property in question. 2. The precise legal description of the parcel identified on the site plan was not provided. 3. Although the site plan indicates that signs will be installed, there is no indication what the signs will look like, nor is there any indication of the setback distances. 4. A method of snow removal or snow storage on site was not identified. 5. No reference was made to the method of refuse removal or location of refuse containers on site. 6. The angular parking identified north of the building and south of the building are in the opposite direction of the flow of traffic identified as entrances and exits on the site plan. 7. The south fire door of the building opens into the exit driveway. 8. One way exit out of the parking lot south of the building indicates proposed exit onto Highway 61 (currently no exit onto Highway 61 exists at the south property line on site). 9. The distance between angular parking shown in the parking lot is only twenty feet and a minimum of 24 feet is recommended. 10. Existing entrances and exists from the building do not meet city building code and fire codes as they currently exist. P.C. Minutes 11-21-89 4 Based on the information in the application provided, it would appear that ]LW, Inc. is requesting this special use permit and will be responsible `or the operation of this facility. In checking with the Secretary of State's office, information on file there indicates that DLW, Inc., has been in existence since 1975 under the name of Mr. Kenneth Albrecht, located in Hastings, Minnesota. This information is not consistent with the application that indicates that DLW, Inc. is located in Lino Lakes, and the principal individuals involved are as indicated in the enclosed narrative. Because of the conflicting uses proposed and existing in this building with regard to alcohol consumption, we feel it is essential to identify areas of responsibility with regard to applicants, owners, and operators of this facility. The current operator of Willy's 61 Club is one individual, while the owner is Wil Harris Investments, Inc., DLW, Inc. is supposedly the applicant and Mr. Murray Wright and Dave Doris are purported to be the managers. The property is in two different zoning districts and site plan information provided by the applicants is minimal. It should also be kept in mind that the special use permit runs with the land and Mr. Harris will have to sign the special use permit and agree to all special conditions attached thereto. Although a sample lease was provided by Mr. Dave Doris, it was not signed nor was any other type of formal agreement provided indicating that DLW, Inc. will be operating in this building. If the planning commission feels that the uses proposed are compatible with the area and consistent with the city's comprehensive plan, we would suggest that any recommendation for approval of this special use permit be subject to special conditions. Mr. Murray Wright and Dave Doris were present to answer any questions. They stated that they have not as yet registered their corporation with the Secretary of State and that they intended to do so when their application was approved. They will change the name on the appliction to one of the individuals involved in the proposed corporation. Mr. Wright stated that the area will be well policed, enforce strict rules, no smoking or drinking will be allowed, no sitting in cars in the parking lot, patrons must park their vehicles and enter the club, and they will provide a parking lot monitor during hours of operation (8 until midnight). Applicants stated that they are willing to take any measures necessary to avoid problems with the club. Mr. Wright informed the commission that their lease agreement was not signed on the advice of their attorney, until they have approval from the city to operate the teen club. Mr. Doris stated that they have a lot of money invested in the venture and plan to provide a respectable place for area kids to spend time. The applicants stated that they had the support of the local school districts, but later clarified that they had only heard through the grapevine that the school districts were in favor of the concept. Mr. Doris informed the commission that he could provide the names of clubs he is familiar with that operate the same type of business. Commission members all agreed that the teen club was a good idea in concept and needed, but were skeptical that liquor and non liquor establishments could operate without incident from the same building. Commissioner Barnes felt that outdoor activities may encourage or facilitate teen drinking and create a loitering problem in the area because of all the open space. P.C. Minutes 11-21-89 5 Members entertained the possibility of visiting one of the teen clubs mentioned and would like the names of the law enforcement agencies policing these clubs. Mr. Doris informed the members that he will provide the name of a club to visit. Commissioner Mezzano requested the applicants provide the city with examples of what they consider a good and bad club of this type and questioned whether the law enforcement agency in Hugo is equipped to deal with this type of situation. Commissioners stated they were not as concerned with the technical issues involved in the site plan as they can more readily altered to comply with City regulations. Because of the lack of information Chairman Senkler requested permission from the applicants to table this issue until the December 27th meeting. The applicants agreed and stated that they would contact city hall to advise us of their intention to pursue or withdraw their request. Motion made by Senkler, seconded by Henry to table the request of Murrary Wright and Dave Doris until the meeting of 12-27-89. All aye, motion passed. Motion made by Barnes, seconded by Henry to adjourn at 10:13PM. All aye, motion passed. Carole LaBelle, Secretary Augo Planning Commisson P.C. Minutes 11-21-89 6