Loading...
HomeMy WebLinkAbout1979.01.10 PC MinutesM,11IUTES OF THE PROCEEDIAGS 0 r TIE HUGO PLAI�T:I13G CGI^iISSIO�d January 10, 1979 ..;ie public hearing to consider the request of Gerald Dabe for a Subdivision was called to order by acting Chairperson, Theodora Peltier, at 7:36 PM. PRESEINT: Peloquin, Peliter, Greger, and McAllister ABSENT: Gillen and Ehret The notice of the public hearing was read as punished in the Forest Lake Times. John Jergens, attorney for isr. Dabe, was present, and stated that the private easement being turned into a public road, is a matter to be worked out with the city's attorney, Charles Johnson. He suggested that the subdivision be a0proved contingent of Mr. Dabe's ability to have the easement turned into a city road. Mr. John Sausen, attorney for Mr. Charles 111eber, adjoining property owner, was present, and stated that IIx. 11eber owns property or. both sides of the easement. They intend to use the land for dairy cattle and would have to bring the animals across the easement. They do not wish to see the private easement turned into a public road. r_r. Jergens stated that Dabe purchased the property assuming the easement would be turned into a public road. The deed does not state that the ease— ment is either private or public. Peloquin asked about the allegation that the road is not built on the easement. Mr. Sausen stated that the road now built is one foot over the easement. 1~e also stated that the '.'eber's were aware of an ease— ment when they purchased the property. Councilman Irsfeld stated that the city has not taken any position on the location of the road. Peltier stated that the only mention of the easement is made in the Planning Commission minutes of April 13, 1977. Peloquin asked if a culvert had been installed in the road, and it was determined that there is not a water problem. vleber's contend that the ditch is too deep to allow their animals to cross the road. The public hearing was closed at 7:54 PD -1. The regular meeting of the Planning Commission was called to order by acting Chairperson Peltier at 8:04 PM. PRESENT: Peloquin, Peltier, Greger, and McAllister ABSENT: Giller. and Ehret Hugo PlanniyZ Commission January 10, 1979 Page 2 of 4 on made by Peloquin, seconded by �%cAllister, to approve the `es of December 27, 1978, as presented. ye. Motion Carried ) DABE - SUBDIVISION ,ter was received from Howard Yuusisto regarding this subdivision.. f,uusisto questioned the 60' permanent easement on the east side f the section line (proposed Homestead Avenue). To whom would the 0' revert if 30' was obtained along the west side? The property .,mers of Lot 1 and Lot 2, or Mr. Dabe. Kuusisto stated that this articular question should be referred to Hr. Charles Johnson. cAllister stated that, in concept, nobody objected to the subdivision. would like to see the attorneys for Dabe and Weber, get together th the city attorney, to work out the problems. (GILLEN ARRIVED AT 10 PI."). -Dan Koehler, Washington County Planning consultant, felt lat Mr. Weber should supply the survey. e did not feel that the .,ity should have to gather this data for the easement. Motion trade by McAllister, seconded by Peltier, to table the Gerald Dabe request for subdivision until February 14, 1979, for further review by the city attorney. Gillen stated that he could not see why the city attorney should have to do any investigation. He asked Sausen if -deber's have an -y litigation �,,-Dabe at this time, and Sausen stated that at the moment, there is ,�✓ nothing to litigate. Peltier said that the Commission has 60 days in which to make a determination on the application. )TING FOR: Giller_, Greger, and McAllister )TING AGAINST: Peloquin and Peliter Itiotion Carried. Let the record show that both attorneys (Jergens and Sausen.) have received copies of the letter from Mr. Johnson, and are aware of the questions in the letter. Peloquin also stated that Kuusisto's question about the easement should be addressed. KEN TSCHIDA - SALE OF 103 ACRES (Discussion only) Mr. Tschida is handling the sale of 103 acres owned!/by Dr. Victor Myers., The sale is contingent on the availability c}._c1rttierr-,' 3 houses. Two building sites will be 10 acres each, and one site will be 83 acres. A variance will be needed for Lot 1 (262' road frontage) and 165' frontage on Foxhill (Tract I). Let the record show that the City Clerk is to research the matter and advise Mr. Tschida as to the type of application to be submitted. Mr. Tschida will provide a new survey of the property, and pert tests will also have to be presented. Iae land in question lies in Section 5, along 180th Street. Hugo Planning Com.iiission January 10, 1979 Pale of q. .RD REHBEIN — REZONING (Discussion only) �hbein would 'Like to sell two home sites, with buildings, each fining 5 acres. One of the house lies in the Agriculture zone, le house lies in the Conservancy zone. Both houses are served Ith Street. Mr. Rehbein would like to sell the :souses with the amount of lana., so tkEW the farming operation could be continued. a the concensus of the Planning Commission that Mr. Rehbein.L- both houses with 10 acres, thereby -requiring only rezoning for the inservancy zone. :HPI IVERSON -- MIINOR S4UBDIVISION Charles Bartholdi, attorney for Iverson, was oresent, and submitted copy of the Certificate of Survey, and a title opinion stating thja '-.n Iverson is owner of the property in Quest—ion. i Scherer owns property north of the section line. He constructed s house in accordance to a survey done by Carley. The survey was _1 error, thereby infringing on Iverson's property by 221. 1,Toel. Scherer has agreed to the conveyance of .20 acres for a cash settlement. All parties are agreeable to this solution. Ir. Koehler recommended that Scherer combine all the land into one warranty deed. Peloquin :made Notion, seconded by Greger, to recommend approval of the Minor Subdivision for John Iverson, with the understanding that Noel Scherer combine all land into one deed, and be considered as one parcel of land, for the convenience of all parties involved. All aye. Motion Carried. BERT OLSEN )tion made by Greger, seconded by Gillen, to add Robert Olsen to ne agenda. All aye. Motion Carried. It was determined at the City Council meeting of January 2, 1979, that there are two existing lots, and a subdivision would not be needed. 'Mr. Olsen will be required to combine bots A and B on one deed, creating one parcel of land. Only one house will be constructed. Greger stated that the front of the house will be on Everton Avenue North, thereby meeting the requirements of the Zoning Ordinance. A variance will not be required. Motion made by McAllister, seconded by Peltier, to -reimburse the fee of $15.00 for a variance to Mr. Olsen, because no variance required. VOTING FOR: McAllister and Peltier ABSTAINED: Greger VOTING AGAINST: Peloquin and Gillen "otion Failed. Hugo Planning Commission January 10, 1979 Page 4 of 4 12 cAll'ister, seconded by Gillen, to appoint Vern Peloquin �:'NaSU'_!'C the Planning Commission. j-: ioi� Carried. MO ` 1 )"I McAllister,, seconded by Gillen, to appoint Theodora Pelcicr _�ll.ice-Chairperson of the Planning Commission Cr V VC." "'G Peloquin, Gillen, Greger and 1,IcAllister AP ': Peltier I�'r J _-vied. ord show that the Planning Commission has received letters fr the: :,.ty Clerk and Councilman Spitzer. 1"10'. ".de by McAllister that the Planning Cormmission recorm!lend to tl=. U;.,y Council that we be allowed to continue adding people to the ag, =ria ., accepting applications and fees, at our discretion, when the bonded secretary is present. ;motion failed for lack of second. Gil�..en made motion, seconded by Peloquin, that the planning Commission n.otify the City Council that ire are in receipt of the letters 'o -.q Dan :jp_.tzer and the City Clerk, and do not acknowledge, and recot:Lmer_d tha�,- , intend to keep the Planning Commission's by-laws as they are curren- , and would be opposed to any action by the City Council to ti'_:; col V,•*iry. In the future, all correspondence affecting the omrnission's action be channeled through the City Council' Tim ..-'Cr1VIfficer, Larry Irsfeld. 1! aye. motion Carried. Iution made by Peloquin, seconded by Gillen, to adjourn at 10:15 PM. All aye. Motion Carried. Mary Creager, Secreta jlugo ' __arming Commission Ti