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HomeMy WebLinkAbout1978.09.13 PC MinutesAGMIW IT TX PLAIIITING COI-ELSSION ";eptember 139 197 — 7:30 PTI 1. Fred Benson_ Its: Special Use Permit (Public Hearing 7:30 PI ) 2.. AuCast Olinger R2: Minor ;:subdivision 3. Janes Olson TE: Special Use Permit A. Karl -ahoeller � -' � '. Minor Subdivision MINUTES OF TIE PROCEEDINZS OF TZ-] HUGO PLtLPTMTIEG COM11ISSI011 September 13, 1978 The public hearing to consider the request of Fred Benson for a :special Use Permit to construct a dog kennel was called to order by Chairman 'hret at 7:34 In. PRESENT: Peloquin, Peltier, Greger, Gillen, :doeltge, McAllister, and Ehret Dan Koehler_, Washington County Planning, was also present. Mr. Ed Haggerty, Tin. Benson's lawyer., was present, and stated some specifics regardir. the kennel. The approximate cost is 1200,000, and will house 40 dogs indoors. During peak periods, the kennel could house approximately 100 dogs. Mr. Benson has pur- chased 217 acres, and would like to isolate the kennel as much as possible from the neighbors. Mr. Haggerty stated that when they purchased the property, they were Ender the assumption that the kennel was a permitted use under the zoning ordinance. Kr. Rossbach, the building's designer, submitted their findings of the S.T.C. ratings relating to the kennel. He stated that they had contacted numerous organizations to get the requested information, but no one is able to get a firm figure. Bill ;Jhitaker, an adjoining land owner, asked of what material the dog runs are to be constructed. The exterior runs will have a concrete .floor, enclosed with a frame structure overhead. The runs will be separated by a chainlink .fence. Iirs. Grahar. Anderson questioned ventilation. The windows will be power ventilated. not I•ir. James Johnson asked about air conditioning. The dog kennel will/be air conditioned but the office will. Mrs. Anderson asked where on the 217 acres the kennel will be located. It was deter- mined that the kennel would be approximately 1000' south of 8A. There is no existing house on the land now. 1r. Jack hitaker stated that his major concern was the possible noise problem. Mr. Rcssbach again stated that there were so many variables to consider, that they could not present anything concrete. 11r. Whitaker asked that if a permit is issued, would there be any restrictions for the continued monitoring of noise levels. 111r.11-31hret stated that conditions would be required to be met on a continuinf basis, or the permit could be pulled. Judy Bailey asked about field trials, and the number of dogs trained. Jeff Barbour stated that the kennel would hold no field trials, and that only one dog is worked on at a time, and that would probably be done in the middle of the day. Mr. Ken Hanson asked about the sewer system. The perc tests have already been approved by the Building Inspector, and they x) uld install the system that is required of them. The public hearing wam closed at 8:15 PM- ivao Planning Commission September 13, 1978 Page 2 of 5 The regular Planning Commission meeting was called to order. by Chairman 'hret at PRESENT: Peloquin, Peltier, Greger, Gillen, aoelt:,e, ITcAllister, and ;hret Notion made by 'eloquin, seconded by Peltier, to approve the minutes of h%-ust 23, 1978, after the following; changes have been made: Fake 1Be enson) - approximately 150 acres will b_ used F'e.F„e 1 nson - Special Use Perm; itfconstruction of a dog kennel All aye. Lotion Carried. B MON - SPECIAL USE "rEMUT the Gillen stated tha+/nois- emission question had not been aswered. He was also con- cerned with the change ii the increase of the number of dogs. IIr. Hossbach again stated the problems they had in obtaining these figures. Nx. Johnson, contractor, said that there was a loss differential at every 'requency. Gillen said that a par- ticular frequency can be isolated and they can be analyzed. it -L Johnson said that the Benson's have already spent more mone,� tY:an they had I' . anticipated. "hcy had been informed that t'ne kennel was a permitted. use, and a com- plete en�-ireering study would be quite costly. The City Council has already issued a Special Use Pe „it to a kennel on 6 acres of land with no noise level requirements. ?e>-=rdi.ng; the increase in the number of dogs, I•ir.. Ha. erty stated that because of the size in the investment, they would like the authority to handle the maximum of dogs during their peal: periods. I.ir. Denson stated that they enclose the dogs every night at approximately 7:00 Ai, and they desire to ':eop the dogs as quiet as possible during the night. Gillen asked what were the normal hours of training dogs with shootin,. Ifir. Benson stated between 10:00 AN and 4:00 PlIt with the number of dogs and days being variable. The dogs are ordinarily trained during; the week, but they do accommodate the doh oWner's when they come out on weekends. Most training is done in the summer, but also in the winter, weather permitting. Lotion made by Peloqu.in, seconded by IIIcNllister, to recommend approval of the Special Use =ermit for lied Benson to construct a dog kennel, subject to the following conditions: 1. A septic system and tank, be approved by Washington County Planning Department. 2. ^hat ^ shelter (trees) be placed 100' from their building on the east, south, and. west side. Trees are to be planted no later than the spring of 1980, and are to be designed by the Soil Conservation .service in Stillwater. 3. The parking lot to be of gravel or crashed rock, or if tY ey desire, blacktop. 4. On weer: days, no shooting before 8:00 :1F: or. after 9:00 FIJI for trainin;; purposes. On rree'_: ends, the hours to be set at 10:0p/to 6:00 rM for training; purposes. AV. 5. g night light to be placed in the area. M Hugo Planning Commission September 139 1978 ae 3 O.f 5 Benson aaecial Use Permit — cont. 6. No shooting or. training within 200' of the outside boundaries. 7. No field trials allowed on the property. S. Noise levels shall not exceed current state standards for residential area. ter; � aI•L�i�•�`vT 9. In the future, should complaints due to the operation be received, the City Council or Planning Commission reserves the right to hold a public hearing to determine the extend of the nuisance being created, and if they find sufficient evidence that there is a nuisance being created, they may amend the Special Use Permit by including special conditons which will be necessary to eliminate the Nuisance. 10. The kennel is allowed to house the number of dogs for which it hens allocated, brsoa on the plans for the kennel as submitted. 11. A letter of credit, in the mmount of "2,500.00, be given the city to cover Items 1, 2, and 3. Motion made by Gillen, seconded by Greger, to make the followin„ amendments to the ori. -incl motion: Amendment 1 — (Item 4) Shooting hours will not co,mence before 8:00 21 or after 6:00 111 on weekdays for the purpose of training. No shooting shall commence b efore 10:00 API or after 4:00 PTI on weekends for the purpose of trainiri�;. Amendment 2 — (Item 8) I•odified. to read the dba level at the receiver's property line shall bo no more than 10 dba more restrictive than the state's day and night requirements for residential land use, and that the city reserves the right to modify this figure as required by law or based on nuisance complaints. VOTING ON X-0, MENT 1 — VOTLIG FOR: 'eltier an? Gillen VOTING AGAIIIST: Peloquin , Greger, 4+oeltge, I,ICAllister, and 'hret iOTICTi FAILED VOTI1 UI1 iU �PTDT 111F2 2 - VOTING PCR: Peltier, Gillen, Greger, Woeltse 'Y MG AM'dIb T: T'eloquin, I•Ic Mister, and -'hret ICTIOII CA:U:tI VOTING ON C1 RIGD--ILL MOTION J 10fiNIF,D — VOTING FOR: relogain, Peltier, Gillen, Greger,`.Ioe?tge, McAllister, and Ohret LOTION CJLKq ,D Hugo Planning Commission September 13, 1978 P•a6e 4 of 5 AUGUST GL11yGL . — 1=401 SUBUIVISIM ::embers of tl.e :august Olinger were present stating that they have ,started litigation on the Olinger property, and wanted an action terminated on the subdi\asion. A list of the family present is as follows: 1nthony Olinger arida Olinger Sharon 'ogreba Jug y Cohoes Joanne Gjavenis 1loti.on made by Ilc illister, seconded by uillen, to table the request of August Olingoa.r. for Iinor ;Cubdivision, based on questions brought up by members of the family. Action will be stopped until a legal resolution to the matter is obtained. 1,11 aye. !.lotion Carried. J.'L' l -AS OLo 1I ;1' :CIAL USE PMMIT Mr. Olson is requesting permission to construct a pole barn, 36 x 54 to keep horses. 1Ie has purchased approximately 12 acres zoned 11121. The ordinance states that he could keep a ma::i.mum of nine (9) horses on the ,,roperty. ?lotion made by Peloquin, seconded by McAllister, to recommend approval of a Special Use Permit for Jades Olson to construct a 36 x 54 pole barn to keep horses, as allowed by ordinance. VOTING FOH: Peloquin, Peltier, Gillen, Greger, `.loeltge, MlcAllister, and Ehret 1otion Carried E,"; 1 SCI10= LL:M — VIIVOR SUMMSIO21 Iir. Schoeller would now like to divide the balance of his property from a two acre parcel into two — one acre parcels. A perc test was provided. for Tract B, and there was discussion as to whether this land could maintain an adequate septic system. I•_cl,llister stated that he would like the City Ma ir_eer to review the perc test before making a decision. Dan Koehler stated that he knew of no workable system that would function of the property, and that statement was disputed by Gillen. potion made by Gillen, seconded by Peltier, to recommend approval of the Minor Bub— division for I.arl Schoeller, as submitted. VOTING FOR: Peloquin, Peltier, Gillen, Greger, Voeltge, Mclllister 701TL'G AGILU BT:--i1ret ?Motion Carried Let the .record show that the Tlannin6 Commission recommends that the Building Inspector be instructed to consult with the city engineer to cone up with a workable system on the property before a Building Permit is 'issued. ??ugo Planning Commission_ September 13, 1978 1 AG3 5 of 5 T JI "r'_LC ;,Ur? — I-iI?:0.t : L'BDIVISION 1 -lotion maAe by T,(Atier., seconded by Gillen, to recommend approval of the Minor S,?bdivi.^ion for Vern I'eloquin as submitted. SIO- IIIG .r0 `eltier, Gillen, Grc Cr, loeltge, I c.11listr, and I, ABSTAL-7.'.:D: Pel.oquin Lotion Carried ]AM I1:OLITO : — I-MTO MODIVISION w V.LaIl' C Lotion made by Peltier, seconded by Gillen, to add "Arl Nolitor to the agenda. X5.1. aye. Potion carried.. 11r. Molitor, representing Ida Molitor, requested to subdivide two lots (100' and 30') into two lots (70' and. 601). There are now two existing houses settin- on the property, and they arc registered on one deed. Ehret stated that two substandard lots would. be created, and would need numerous vpri<:nces. It was also found out that Mrs. Delores LaValle and I-:rs. Molitor are holdin.Z registered_ deeds for the sryme 30' piece of. property. ,;hret started that it was his opinion that if the property remained at one lot, it would be more valuable than two small lots, and would also be a recordable piece of property. I.oehler felt that there would no problem with the subdivision because the land was serviced by city sewer and water. It was the concensus of the majority of the Planning; Commission that they would not be in favor of splitting the property. I -lotion made by Ehret, seconded. by Peltier, to recommend refundin of $55.00 (Minor subdivision and Variance application) to Ida I.ol.itor. All ayc. Potion Carried. MISC'aLL UCOUS 'Jashington County Planning Department is contemplating holding seminars relating to planning. A letter is to be directed to them statin, that the Hugo Planning Commission is interested in attending; the seminar, but riot until the latter part of January, 19799 when new officers will be installed. Motion made by Peloquin, seconded by Peltier, to adjourn. at 1.1:40 PI.I. All aye. I;otion C^cried Diary `a Crea,7 Secretary I?uo 1'lannin-ommission