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HomeMy WebLinkAbout1980.03.12 PC Minutes14INUTES OF THE PROCEEDINGS OF THE HUGO PLANNING COM1`7ISSION Larch 12, 1980 The public hearing to consider the rezoning; request of James Brevig was reopened at 7:40 PTT. PRESENT:-Peloquin, Hanson, Greger, Houle, Lorch, A'cAllister, Peltier A letter was received from the City Engineer regarding the pert test submitted for the rezoning request. ter. Kuusisto stated that the re— port appears to be satisfactory for the installation of an on—site sewer system. He also felt that construction of a new house would create a minimal amount of run—off. Air. Robert ;-faller, 14310 Homestead Avenue, asked if the engineer gave approval for the construction of another house and the pert test. Peltier stated that the pert test was approved, but he gave no approval for the house. Mr. Geck, attorney for Mr. Brevig, restated that Mr. Brevig would pro— vide the city with an easement, at no cost, to keep the dike where it is presently located in exchange for a rezoning from RRII to SFr.. Peltier asked if the dike was on the property when Brevig purchased it. Geck stated that Brevig signed the purchase agreement without the dike on the property. As they were approaching closing, they started to move in the dirt. The Green's then assigned all their rights to Mr. Brevig that they would have had to have the dike removed. The developer put the dike in with the authority of and/or the city and Rice Creek. Lorch felt that the purchaser of the property would have the same pro— blems. If the rezoning was approved, everybody would have the right to come to the city and ask for a rezoning and the city could not say no. Nr. Geck stated that a restrictive covenant would be attached to the deed limiting the division to only two lots. The land size would be compatible with the rest of the lots in the area. 1r. ;faller reaffirmed his position that the level of the dike has got to be controlled. He thought that if the house was constructed on the west slope, there would be additional run—off into the dike. Mr. Hintz, 14077 Homestead _venue, suggested that the Planning Commission make an on—site inspection of the area. He thought that a new owner would fill in the pond to help create a frontyard, which raise the water level. A letter was received from the City Attorney tracing the happenings of the dike dispute d j�� ��ti-� u a -t e-k,k- The public hearing was closed at 8:16 PT%�. Hugo Planning Commission Narch 12, 1980 :�. nage 2 of 4 The regular meeting of the Planning Commission was called to order by Chairwoman Peltier at 8:21 PM. PRESENT: Peloquin, Hanson, Greger, Houle, porch, McAllister, Peltier Motion made by McAllister, seconded by Lorch, to approve the minutes of .February 27, 1980, as submitted. All aye. Yotion Carried. Y'otion made by Lorch, seconded by Houle, to approve the minutes of the Special I-ieeting of February 27, 1980, as submitted. All aye. VTotion Carried. JAI•I ES BREVIG — REZONING Mr. Brevig has an application to rezone approximately 5 acres from RRII to SFE. Motion made by McAllister to recommend approval of the rezoning request of James Brevig to rezone approximately 3( acres from RRII to SFE subject to the following: 'r4 1. That all easements required by the city for the health, welfare and safety of the residents of the area be granted without cost to the city. 7,asements required may not necessarily be limited to the dike area. 2. That restrictive covenants that will guarantee no more construction other than a single family dwelling until such tine as public sani— tary sewer service becomes available to the area be incorporated into the deed. Covenants to be drawn up to the satisfaction of the City Attorney and City Council. 3. That the official zoning map required by the city code to be maintained by the City Clerk at the City Hall be mar]Ked SFE an' clearly define it as a restricted SFE area. Into subdivision woultapproved until sanitary sewer service would become available. 4. That the applicant cancel all existing litigation and enter into an agreement to the satisfaction of the City Attorney to waive any fu— ture litigation rights againt any and all parties regarding the dike area or any other easement the City Council riay determine is necessary. 5. That the City Council obtain recommendations from the City Engineer before any Building Permit is issued for the property. The engineer should be able to make a recommendation as to the type and size of the septic system to be installed and proper drainage for the property. I:otion failed for lack of a second. Hugo Planning Commission Yarch 12, 1980 Page 3 of 4 Brevig — cont. notion made by Greger, seconded by Peloquin, to recommend denial of the rezoning request of James Brevig for the following reasons: 1. Property is not adjacent to a similar zone. 2. Rezoning to SFT would not fit in with the rest of the neighborhood. VOTI?G FOR: Peloquin, Hanson, Greger, Houle, Lorch, Peltier VOTING AGAINST: I�+cAllister Motion Carried. THOMAS CLARK — DIVISION OF LAND 1r. Clark did not have the perc test as requested, but questioned what the Planning Commission would require for proof—of—ownership. ''TcAllister stated that a letter from an attorney or an abstract company stating that they have reviewed the abstract and Clark is the legal owner would be required. Votion made by McAllister, seconded by Peltier, that the Planning Co=mmission Make a determination on each individual case on what they will accept for proof—of—ownership at the Planning Commission level. McAllister withdrew his r_iotion and Peltier her second. GEORGE RICE — CONSTRUCTION OF RIDING STABLE (RRII) Mr. Rice, 8460 130th Street North, would like to constr t. 224' x 72' riding stable on his 17.3 acres. There would be a 361.on each side of the building (outside). The building would house 12 box stalls. Because an operation like the one suggested would not be allowed in the RRII zone, it was suggested that I'r. Rice make application for a rezoning to the Agricultural district. JOAN HARVEY 171otion made by Peltier, seconded by Lorch, to add Joan Harvey to the Planning Co:mission agenda. All aye. ?otion Carried. I's. Harvey is a realtor delegated to se ,Q.�acre parcel presently owned by P,'Iyron °lalsted, who resid(s in The property is in the Agriculture district. 1."r. 1,4alstead owns a total of 79 acres. In the course of discuss on, it was found out that there is an outstanding C/D for a 10 acre parcel adjoining the 9.9 acre parcel. Hugo Planning Commission March 12, 1980 Page 4 of 4 Myron r1dalsted - Variance and Land Division T°otion made by Peltier, seconded by Peloquin, to recommend approval of the Land Division and Variance for a 9.9 acre parcel subject to the following: 1. A certificate of survey to be provided for the 10 acre piece lying west of the proposed 9.9 acres. Ten acres on Contract for Deed. 2. Provide a document providing power of attorney from 1,11yron Walsted to ids. Joan Harvey or a signed application for a Variance and Land Division from IiIr. Walsted. VOTING FOR: Peloquin, Hanson, Greger, Houle, Lorch, Peltier VOTING AGAINST: McAllister Motion married. FISCLLLANEOUS James ?joule requested that the City Clerk keep a copy of all deeds approved for recording at Washington County along with a copy of the Certificate of Survey. Motion made by "cAllister, seconded by Hanson, to recommend to the City Council that the Planning Commission be allowed to accept a current years tax statement as adequate proof -of -ownership when an application is received for construction of a pole barn or an accessory building. the Planning Commission reserves the right to require further proof- of-otmership as already established by the city should they feel it is necessary. All aye. Motion Carried. Motion made by Peloquin,, seconded by TTcAllister, to adjourn at 11:02 ?P%. All aye. Motion Carried. i-lary Ann Creager, Secretary Hugo Planning Commission