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HomeMy WebLinkAbout1987.01.28 PC MinutesMINUTES OF THE HUGO PLANNING COMMISSION MEETING January 28, 1987 The regular meeting was called to order by Chairman Rudisill at 7:01PM. PRESENT: Olson, Blanchard, Sullivan, Schreifels, Senkler, Jesinski, Rudisill, Administrator Huber, and Carole LaBelle Motion made by Olson, seconded by Senkler to approve the minutes of December 10, 1986 meeting as amended. All aye, motion carried. Rudisill made motion to appoint Ray Olson Vice -Chairman of the Commission, second by Sullivan. All aye, motion carried. The Planning Commission will hold a special meeting February 11, 1987, 7:OOPM, to dis- cuss the education of Planning Commission members on policies, procedures, and the role of the commission. The staff was asked to forward information on future seminars which would be help- ful and informative for commission members. Lynn Carlson - Subdivision - The public hearing for Lynn Carlson's subdivision request was called to order at 7:1OPM. There was no general public to comment and no written comments were received. The commission questioned the vacation of the roadway. Mr. Carlson stated it was vacated in approximately 1965 and there is a 34' strip for public access to the lake. The City Administrator then noted that Mr. Lynn Carlson of Taylors Falls, has made application to the City of Hugo for the subdivision of property described as Lots 1-6, Block 10 Shadyside No. 4, in the City of Hugo. The request by Mr. Carlson is threefold and is being made pursuant to Chapter 290 of the municipal code and is as follows. 1. Waiver of the formal subdivision requirements and allowing the subdivision of land by registered land survey. 2. Variance from the lot size. 3. The resubdivision of 6 existing platted lots in Shadyside Number 4, subdivision into two buildable lots. The total square footage of the property in question is approximately 31,620 sq. ft. and is zoned SFE requiring minimum one acre building lots. The prperty is located at the southwest corner of Everton Ave. and 121st St. If approved and the Planning Commission would be allowing Mr. Carlson to take the six platted, buildable lots in question and resubdivide them into two parcels, one being identified as Lot 5 & 6 and the south 40' of Lots 1 & 2 and a second lot described as Lot 3 & 4 and the north 80' of Lots 1 & 2 and 26' of vacated 121st St. It was noted that the request before the commission is somewhat unusual in that the individual is requesting that the lots be increased in size as opposed to the typical request of a lot size reduction within a certain zoning district. Because of our municipal code requirements, if Mr. Carlson were to resubdivide this property as requested Planning Commission Minutes January 28, 1987 page 2 Carlson continued he would be required to comply with the current lot size recommendations of one acre; therefore his request for a variance. Mr. Carlson has stated in his letter to the City that he's requesting a variance to reduce the current number of buildable lots that will make for the following. A. Lower density potential. B. Better setback requirements. C. Provide for larger lots for building purposes. D. Less drainfields to contend with. We find the request by Mr. Carlson unique and can see no objections to creating larger lots on this site and allowing for the subdivision of property by registered land survey. If approved by the Planning Commission and Council Mr. Carlson will be required to have a registered land survey prepared and approved by the City Council prior to recording at the County recorder's office. Chairman Rudisill then closed the public hearing. Motion made by Rudisill, seconded by Jesinski to recommend approval of the subdivision for Lynn Carlson to subdivide Lots 1-6, Block 10 Shadyside Number 4 in the City of Hugo into two lots the south lot No. 1 to be 80' frontage on Everton Ave. No. Lot No. 2 to be 106' frontage on Everton Ave. No. Mr. Lynn Carlson to provide the City of Hugo proof of ownership and legal description and also a recommendation by the City Engineer. Approval subject to compliance with municipal code 320 SG and all setback requirements. All aye, motion carried. Motion made by Rudisill to recommend approval of a variance from the lot size re- quirements for the following reasons; A. Lower density potential B. Better setback requirements C. Provide for larger lots for building purposes C. Less drainfields to contend with Second by Schreifels. All aye, motion carried. Motion made by Rudisill, seconded by Jesinski to recommend approval of the sub- division for Lynn Carlson by registered land survey as opposed to the formal platting procedure. All aye, motion carried. Raymond Wlaschin - Rezoning - The public hearing for Raymond and Ramona Wlaschin, 9627 No. 122nd St. was called to order at 7:33 PM. No written or oral comments were received. The Planning Commission had a brief discussion regarding the sur- rounding properties. Raymond and Ramona Wlaschin, 9627 No. 122nd St. have made application to the City of Hugo for the rezoning of a 16.7 acre taract of land located south of 122nd St. at County Rd. 8 from Agricultural to RR2. Although there was no specific reason given --as to why Mr. Wlaschin wishes to rezone this property we would assume from the sketch provided, that he is desirous of ultimately subdividing the property in question into two parcels of land one being ten acres and the other being 6.7 acres in size. The minimum acreage required in an agricultural zone for a residential dwelling is ten acres and the minimum buildable acreage requirement in an RR2 zone is five acres. The areas surrounding the property in question is currently zoned agricultural. The Planning Commission Minutes January 28, 1987 page 3 Wlaschin - continued city recordsindicate that the past practice of the Planning Commission and City Council regarding requests of this nature has not been favorable toward the app- licant. It would appear that the Planning Commission has viewed similar requests for rezoning on small parcels as spot zoning and has felt that allowing this approach to dealing with the City's zoning district as an erosion of the credibility of said districts. Although each land development request that comes before the commission should be reviewed on its individual merits it should be pointed out that the pattern of granting certain types of rezoning can be precedent setting and set a pattern that the commission may have to adhere to in the future. As a gen- eral rule it is not regarded as a good planning practice to look to rezoning solely for the purposes of accommodating the subdivision of land. Commissioner Olson felt this was definitely spot zoning and previous requests for this type of rezoning have been denied. Mr. Rudisill referred to the American Law of Zoning which defined this as spot zoning and stated that this rezoning would be of no benefit to the City. Chairman Rudisill then closed the public hearing. Motion made by Olson, seconded by Senkler to recommend denial of the rezoning for Raymond and Ramona Wlaschin for the reasons stated above. AYE: Olson, Blanchard, Schreifels, Senkler, Jesinski, Rudisill NAY: Sullivan Motion carried. Wolkerstorfer, Raiolo, Marier - Rezoning - The public hearing was called to order at 7:5OPM. There was no public in attendance to comment. The commission held a brief discussion regarding the possible building site on this property. _ Mr. Joe Wolkerstorfer, Mr. Joe Raiolo, and Mr. Joe Marier have made application to the City of Hugo for the rezoning of a 27 acre tract of land located at the SW corner of 170th St. and county Rd. 57 from Conservancy to Agriculture. It is our understanding the applicants intend to ultimately subdivde the property in question pursuant to City subdivision regulations. In 1986 the applicants made a similar request to the Planning Commission and a public hearing was held however, it was later discovered that the legal description published in the paper was not con- sistent with the 27 acre tract of land in question therefore the public hearing is necessary to reconsider their request. For the purpose of residential develop- ment, conservancy zones require a minimum of 20 acre lot size while agricultural zoning requires a minimum of 10 acre lot size. Again it would appear that this is a request to establish a zoning district for the purposes of accommodating a sub- division of land sometime in the future. In addition to being zoned conservancy the property in question is also identified as lakeshore on the City zoning map. The property in question is surrounded by Conservancy districts, however, the district on the NE corner of 170th St. and Cty Rd. 57 is currently zoned Agri- culture. Commissioner Blanchard noted that the adjacent property to the north is also Agri- cultural, consequently he did not feel this would be spot zoning. Mr. Joel Holsted stated that the reason for the rezoning is because the ten acre parcel has been sold to Mr. Marier. Chairman Rudisill closed the public hearing at 8:02PM. Motion made by Sullivan, seconded by Blanchard to recommend approval of the rezoning of the 27 acre tract for Joe Wolkerstorfer, Joe Raiolo, Joe Marier from conservancy to Agriculture. Described as follows; Planning Commission Minutes January 28, 1987 page 4 Wolkerstorfer - continued IMAI, DESCRIPTION OF 27 (twenty-seven) acres County Road 4 and Jeffrey Ave N. (County Road 57) 93011-2160 An undivided one-half (2) interest in and to the following: The East eight hundred twenty-seven (827) feet of the Northeast quarter of the Northeast quarter (NE4 of NE -40 of Section Eleven (11) Township Thirty-one (31), Range Twenty-one (21). EXCEPT THEREFROM THE FOLLOWINGi The South one-half (Si) of the West 331.0 feet of the East E4of827.0 feet of the Northeast quarter of the Northeast quarter (NE -1 4 of NE-4- of Section Eleven (11) Township Thirty-one (31) North, Range Twenty-one (21) West, containing 5.0 acres, and an easement for egress, ingress and utilities over and across the South thirty-three (33) feet of the East 496.0 feet of the said Northeast quarter of the Northeast quarter (NEV" of NEIL,). 93011-2165 The South half of the West 331 feet of the East 827 feet of the Northeast Quarter of the Northeast Quarter (NE4 of HE-) of Section 11, Township 31, Range 21, together with an easement for ingress, egress and utilities over and across the South 33 feet of the East 496 feet of the said Northeast Quarter of the Northeast Quarter (NE4 Of NE -SID according to the U.S. Government Survey thereof. 93011-2153 The South 810.51 feet of the West 107.47 feet of the East 934.47 feet of the Northeast 4 of the Northeast 4 of Section 11, Township 31 North, Range 21 West. All aye, motion carried. Craig Elsner - Special Use Permit - Craig and Lynn Elsner have made application to the City of Hugo for Site plan approval to construct a metal pole building in an Agricultural district for his personal use. The property in question is 10 acres in size and generally described as 8776 No. 130th St. (Sec. 26, T31,R21W). The building proposed would be 40' in width and approximately 60' in length. Mr. Elsner has in- dicated his request is to accommodate the storage of his family car, tractor, hay baler, hay mower, and other farm equipment on the site in question. In that the site plan provided by Mr. Elsner is not dimensioned it is difficult to determine the appropriate setbacks and there is some question as to the number of buildings actually on the site at this time. The site plan indicates the approximate location of the proposed building and the 30' X 80' hay barn, however, Mr. Elsner references a building he is going to tear down if he is permitted to construct the building in question. The municipal code requires that in an agriculture zone the maximum square footage of a farm building and accessory storage is 3600 sq. ft. for prop- erty less than 20 acres in size. Because the request of Mr. Elsner would allow for the farm building and storage in excess of 3600 sq. ft. he is required to secure a special use permit to allow for the additional building square footage. If the Planning Commission deems it appropriate to approve the special use permit and site plan submitted we would recommend that it be done subject to the following conditions. • Planning Commission Minutes January 28, 1987 page 5 Elsner - continued 1. The total sq. footage of the accessory building not exceed 4800 sq. ft. 2. That an approved fully dimensioned site plan indicating the exact locations of the buildings in question be submitted at the time the building permit is issued. 3. That the buildings on site be used only for purposes permitted in an agriculture zone. Motion made by Senkler, seconded by Jesinski to recommend approval of the Special Use Permit to construct a 40' X 60' pole building at 8776 No. 130th St., Craig and Lynn Elsner subject to the following conditions; 1. The total sq. footage of the accessory buildings not exceed 4800 sq. ft. 2. That an approved fully dimensioned site plan indicating the exact locations of the buildings in question be submitted at the time the building permit is issued. 3. That the buildings on site be used only for purposes permitted in an agriculture zone. The applicant agrees to remove the small building on site. All aye, motion carried. Members reviewed briefly the subdivision and rezoning packets which will be pro- vided to applicants in the future with complete instructions for proceeding with their request. If the City is interested in the Star City program Tom Jesinski will contact a representative to make a presentation to the commission. This may be further discussed at the special meeting on February 11, 1987. Motion made by Senkler, seconded by Sullivan to adjourn at 8:50PM. All aye, motion carried. Carole LaBelle, Secretary Hugo Planning Commission