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HomeMy WebLinkAbout1976.06.09 PC Minutes' MINUTES OF THE PROCEEDINGS OF THE HUGO PLANNING COMMISSION JUNE 99 1976 Public Hearing — Ordinance Amendment The public hearing for the purpose of amending Chapter 320 of the Hugo City Code entitled Zoning in Sec. 320-4, Subdivision K. regula— tions for Concentrated Business District, Sub—paragraph 3, titled "Special Uses", add Retail Motor Vehicles Sales and Service, was opened at 7:08 P.M. by Chairman Spitzer. Present were Spitzer, Ehret, Peloquin and Peltier. Also present was Irene Leroux of the City Council. Motion made by Spitzer, seconded by Peltier, to dispense with the reading of the official notice of hearing. All aye. Motion carried. The public made no comments at the hearing. Motion made by Ehret, seconded by Peloquin, to adjourn the hearing at 7:09 P.M. All aye. Motion carried. Public hearing —White Bear Rod & Gun Club The public hearing for the purpose of reviewing the application of the 1Jhite Bear Rod & Gun Club, which s made in accordance with Condition #22 of the Special Use Permit issued on May 6, 1974, in order to amend Item No. 2 as it relates to the date of planting completion, and to con— sider the re—issuance of the Special Use Permit as therefore amended, was opened at 7:31P.M. by Chairman Spitzer. Attending were Spitzer, Ehret, Peloquin, Peltier, and Irene Leroux of the City Council. Also attending was Bill Schwab, Washington County Planner. Chairman Spitzer read the notice of public hearing. Legal descrip— tion of affected property was not read. Spitzer noted that it would be if requested. No one requested it. Spitzer also noted that the only relevant material that is to be considered by the Planning Commission at this time, are the caamments that address themselves to Condition #2, which is as follows: "Tree planting shall take place along the west property line starting from the south property line and extending to the north point where the land becomes too low and swampy for tree growth. Planting will consist of five rows of pine trees at least 12 inches in height, and one row Lombardy Poplar trees at least five feet in height. Plantings shall be completed by June 1, 1975, or this Special Use Permit will be null and void in it's entirety. The question tonight, he said, is should the White Bear Rod and Gun Club be granted a variance from the tree planting condition from June 1, 1975 to June 1, 1976. Spitzer said for the purpose of getting all the information into the public record so that the Planning Co=ission and City Council can get Planning Commission Meeting June 9, 1976 Page 2 of 10 your comments, first of all we will ask Pnr. Perron to explain both the details and variance, why he has requested it and why he is requesting it at this time. Secondly, following his comments we will open the floor for comments. Jerry Perron: The club was instructed to apply for a new Special Use Permit according to the letter received from the City Attorney at which time only Item #2 would be considered and that is why we are here tonight — we aren't requesting a variance, but a Special Use Permit — with Item #2 only, to be considered. Spitzer: The hearing is now opened to the public. RobertWaller: Has the Planning Commission received an application? Please 14310 Homestead read and state if the fee has been paid? Spitzer: It was filed May 6, 1976, File No. 1976-113—SUP; the required fee of $35.00 has been paid. It was signed by Jerry Perron, and received by the Clerk on May 6, 1976. Waller: Said notice calls for a variance and takes exception to the fee being paid. Stephen Chapman: I call attention to the board that I have already 12833 Goodview Av.N. reviewed this matter with three different law firms and it is being contested and there is a serious question as to whether this matter should be before the board while under litagation. Since there is violation, the permit is null and void and no action should be taken until the court makes it's final ruling. If action is taken in this matter before the board tonight, while the court is considering an appeal, it will jeopordize the court's action. It would be wrong for you to take any action whatsoever, while the court has this under it's jurisdiction. Spitzer: What is the Docket Number? Chapman: Docket No. 44328, filed approximately Dece ber 1974. (Presented copy of the Findings of Fact and Conclusions of law order for Judgment for City records) Spitzer: Are you representing yourself as an attorre y? Chapman: I am speaking as a citizen of Hugo and member of I1,7PRG and thirdly as a member of HELP. Howard Schletty: I have a paper that proves that I am the guardian of 6726 Egg Lake Rd my father who has land that adjoins the club. I ob— ject to the planting of the trees — the part that says *the north point where the land becomes too low and swampy for tree growth" Has anyone looked to see how far north they go? Has anyone taken a look? V.Peloquin: Yes, I have. They go about as far as you can go and still get red pine to grow. Schletty: They could go another 200' and the Lombardy Poplars will grow all the way out. ;thy weren't they planted all the way? I recommend the Planning Commission Meeting Tune 9, 1976 Page 3 of 10 Planning Commission go take a look. It is not properly done. For the record, I would like to point out that the item of the fence declares that the fence should be constructed in an orderly manner on the property line. Please take a look at that fence. Near the north boundary line, itis almost ridiculous to call this a proper fence. Take a good look at it. James Smith: First of all, you may have a document from the City 13560 Homestead— Attorney; he has indicated to me that you cannot essen— tially hear on only part of the permit. I think this should be clarified. Regarding No. 22, I think this should be cleared up. Spitzer read excerpts of letter from City Attorney, dated May 18, 1976, as follows: "In view of the foregoing considerations of the actions of the Hugo City Council, it would appear that the 'dlite Bear Rod & Gun Club has consistently been directed to re—apply for a special use permit with the concern being directed at item No. 2 of the originally issued special use permit." Quoting another excerpt from the same letter, "In the City 6ouncil meeting; of May 3, 1976, there was a motion to delete the last six words of the just ouoted motion, as reflected in the Minutes, and the motion was adopted with Lease, Schletty and Smith voting in favor and Leroux against". Spitzer: After removing the last six words of the motion, it reads,"Lease made motion, Smith seconded to accept the opinion of the City Attorney and notify the White Bear Rod and Gun Club to apply for a new Special Use Per— mit to re—nog btiate item #2 only." Smith: I don't think this is the issue. It is null and void in it's entirety. He is saying the whole permit is null and void and has indicated to the Planning Commission that you should consider'dnly Item #2. Steve Toensing: Ivir. Schletty said the trees weren't planted far enough and 14020 Hyde not enough of them. The variance is requested now instead of before they were planted and I don't feel they should be granted this permit. Harold Bramstedtt Do I understand that the City Council and everyone 6343 145th St.N. is satisfied with compliance with the rest of the items of the permit? Spitzer: It is my understanding. Bramstedt: What about the 74 decibils? Six or seven times I have re— ported violations of this nature to the Hugo Police Department. They are allowed forty decibils. I have records of this — tape after tape, showing violation. I don't think anyone has checked on this. Has anyone checked? Spitzer: This was checked before the issuance of the original Special Use Permit. Schletty: I would like to clarify this matter. They originally said they wouldn't cut any trees. !.,.Then the tests were made, the terrain was the same as it was in the beginning. After that, they cut trees higher than 8f high off — some of the trees were 40 or 50' tall. The tests taken originally don't qualify any lonjzer by no means. This is the reason we Planning Commission Meeting June 9, 1976 Page 4 of 10 are hearing so much noise now. They didn't come in and ask for a permit to cut these trees or change the terrain of the land. They had no permit and we would like to see you take a look at this. Chapman: This was a matter of great concern of Judge Anderson. PCA sub— mitted as testimony before the court, data relating to this. Tests were made in the general area early last summer and these tests have definitely shown that this variance has not been met. I ask you to consider the court's testimony in this matter. There is no question now in anyone's mind that there has been violation of many factors besides the trees. Do they have a permit with PCA for the removal of lead? Why should this be opened to one issue when there are so many violations? Ehret: I think it is my understanding that the item before us.is that the Council declared the Special Use Permit null and void on the basis of the :White Bear Rod and Gun Club failed to comply with item #2. It would be my understanding that the other items involved in the Special Use "Iermit as they are being considered in court, could be taken care of by the Council, but tonight we are only considering condition #2. Jaller: When you are considering this matter —there is criteria for the zoning ordinance — is this your guide? I refer to Chapter 320-8 and 320-9. Are these the guidelines you follow? Spitzer: Basically, yes. Smith: I don't think you can restrict this to Item #2. Also I think the Planning Commission should make some recommendation in regards to Item #4— talking about the shootin; hours. Spitzer: I think I understand what you are getting at. We are directed by the Council to clarify if the tree planting has not been done by such a time, the permit is null and void. It is my understanding that if our recommendation is that the requested variance to Condition #2, is not granted, that the entire Special Use Permit is indeed null and void, and we also understand we are introducing re—instatement of the Special Use Permit, if granted. It is not our job to re—open the entire series of conditions to the Special Use Permit because they have already been con— sidered and acted upon. Smith: Then you are not concerned with any of the violations? Spitzer: This is an advisory body. Ile can only make recommendations. We are not an enforcement body. If it is your judgment that violations have been made, you should be talking to the Chief of Police. Smith: How can you make the recommendations if they don't concern the violations? Spitzer: We make recommendations based on the criteria. Bramster;t: I was told by the Chief of Police that he has strict orders to lay off by the City Attorney and City Council. This is a violation of the law. I have insisted that he make a record of every call he makes. Planning Commission Meeting June 9, 1916 Page 5 of 0 Spitzer: I appreciate your concern, but these complaints should be filed with the City Council. Has everyone who is seeking to address the chair done so? Is there anyone who has not commented and would like to? Steve Toensing: The pine trees weren't planted far enough into the swampy area; the lombardy poplars weren't either. The variance is requested a year after it should have been. I don't think they should be allowed a variance. Smith: We instructed you that the Special Use Permit was null and void because they did not comply with Item #2, but didn't say that you only consider Condition ;r2 and that is not the intention of the attorney in his findings. We did direct you to hold a hearing but did not say it is null and void and you should consider only Item #2. Spitzer: Does anyone have any new material? '•Taller:. Regarding the tree planting — I hereby submit a sworn affidavit that the trees were planted a year ago. (?affidavit submitted) Bra-nistedt: Perhaps there is a misunderstanding. Perhaps it should be referred back to the Council to find out if item #2 is a misunderstanding? Spitzer: Thank you — the hearing is now closed. (Time — 8:10 P.M.) Declared five minute recess. DENNIS BURDICK — PUBLIC HEARING The public hearing for the purpose of granting a Special Use Permit to Dennis Burdick, 14529 Forest Boulevard, to operate a retail motor vehicle sales and service, contingent on the approval of the ordinance amendment, was opened at 8:17 P.M. by Chairman Spitzer, who also read the official notice of public hearing. !attending were Spitzer, Ehret, Peloquin, and Peltier; also Bill Schwab, Washington County Planner. Spitzer explained that there was an earlier public hearing at 7:00 P.M. for an ordinance amendment, which if passed, would allow retail motor veh— icle sales and service in the Concentrated Business District by Special Use Permit. In anticipation of the adoption of that amendment, Mr. Burdick has applied for a special use permit. Burdick was asked to present his plans. Burdick stated his request is for auto sales and service, auto repai.r— ing and reconditioning and related retail items. He also operates a body shop which is in operation; but is grandfathered in. Spitzer: Are there any questions from the floor? Stephen Chapman: I would like to ask what promolgated the present amend - 12833 Goodview Av. vent. Was it this particular issue that brought this about? Spitzer: Yes, the ordinance as originally irritten , allowed motor vehicle • r� Planning Commission Meeting June 9, 1976 Page 6 of 10 sales in the industrial zone. Some time ago, t' -.e ordinance was amended to include this business in the Retail Business District. Burdick had appeared at a previous meeting and tried to find out what he would have to do to operate this type of business in that location. The choices available to the Planning Commission were as follows: 1) Rezone the land to either industrial or Retail Business under a Special Use Permit, 2) Change the ordinance to permit retail sales of automobiles in Con— centrated Business District, with Special Use Permit, or 3) Deny use of the property for sale of automobiles. Owing to several factors, and in consideration of the original reason for assigning that zoning to the area, it was felt by the majority of the Planning Commission to recommend including that use in the present zoning, as it was probably overlooked originally. Chapman: Is there any possibility of liquids, such as differential fluids, etc., getting into the lake from there? Burdick: Absolutely no possibility. Chapman: We have been very careful with the Catholic Church — that no effluent gets into the lake from the horse show. Spitzer: Any other questions? Schletty: Speaking as a city council member now — how much property will be included in this changel Is it just his property? Spitzer: The earlier meeting dealt with the entire zoning district. It would be permitted anywhere in the district, but by special use permit only. Mr. Burdick's request is obviously for only his business. He is applying for a special use permit in Concentrated Business, if amended. Schletty: Lill the amendment apply to all of the Concentrated Business District? Spitzer: -Yes. Waller: You will have to consider his final plan? Spitzer: 'fe will have to satisfy ourselves there is no danger to the health and welfare of the people. �Jaller: ;ghat about a drainage plan? Spitzer: We haven't asked for that yet. Burdick: No petroleum -products can be dumped on open ground. State law also demands they can not be dumped in any lake or pond either. (hearing closed 8:26 P.M.) I SET I NG The meeting was called to order by Chairman Dan Spitzer at 8:27 P.M.. Present were Spitzer, Peloquin, Ehret and Peltier. Absent was Rosenquist. Also attending was Bill Schwab, Washington County Planner. r' Planning Commission Meeting June 9, 1976 Page 7 of 10 A•iotion made by Peltier, seconded by Ehret, to approve the minutes of the '•ay 26, 1976 meeting as sent out. All aye. Motion carried. Ordinance Amendment Iiotion made by Peltier, seconded by Spitzer, to recommend to the City Council, amending Chapter 320 of the Hugo City Code entitled Zoning, in Sec. 320-4, Subdivision K. regulations for Concentrated Business District, Sub—Paragraph 3, titled "Special Uses", add Retail Motor Vehicle Sales and Service. Voting for: Spitzer, Ehret, Peloquin and Peltier. I!otion carried. 'Ihite Bear Rod & Gun Club Spitzer explained that the Planning Commission is reviewing what amounts to a variance to the Special Use Permit regarding the tree plant— ing condition. It is my understanding, he said, that the entire Special Use Permit as originally issued had been subjected to public hearings and had been deliberated. We are being asked to make a change in one of these conditions, he stated. It is the purpose of the Planning Commission to make recommendations — not to insure their conformance nor is it our judg— ment to decide if all the conditions that we have set forth were met — we are not the judicial system. The choices possible as seen by the chair are as follows: 1) a proper variance is in order 2) That the Special Use Permit as originally issued would be re—instated and put in force sub— ject to judicial review and compliance by the police department, and 3) if we do not believe such a variance is right and proper, then the last part of Condition r2 will therefore be effective and the special use per— mit will cease to exist. I do not believe that the fact that litagation is now outstanding, should have any bearing on our decision, Spitzer s^id. Such consideration at this time is right and proper, accorain�.- to our attorney. Chair believes basically, there is a choice of either approval of, denial. Peltier stated she doesn't feel it should be referred to as a variance. Spitzer said whatever you choose to call it — it is a review. Spitzer said facts are as follows: Item ##2 was not completed as of the required deadline. Also we would agree the tree planting — specific number of trees, etc have been net and if the deadline was June 1, 1976 instead of June 1, 1975, they would be in compliance. Schwab said the special use permit does state that the permit would be null and void in it's entirety and now that we have a new application for a special use permit, we should hear from the citizens on any infor— mation that they have where there are any conditions which have not been met adequately. There are many things that are in existence now and we should be willing to listen to comments from the public. If the forty decibels are still valid and we listen and then give the complaint to the City Council, then the Council can send out the Police Chief to check it out, he said. I think the position we take tonight should be listen to the public, then discuss with the attorney before making any decision, he further stated. 1 . Planning Commission Meeting June 9, 1975 Wage 8 of 10 I think the chair should very zealously control any public hearings and should only consider making changes if sufficient evidence is provided that we made a mis take originally, Schwab said. If a condition like shoot— ing from 10:00 A.M. to 6:00 P.M. is not reasonable, we should be willing to change it. I agree that 99% is taken care of now, he further stated. It would be appropriate to have the applicant get a statement from a forester to determine if this condition regarding the tree planting has been met. I think any action should be postponed until 4•✓e get a decision from the attorney, he concluded. Spitzer noted that he has been operating under the advice of the City- Attorney. Peltier said that if we believe the appropriate course of action is to recommend that the amendment be adopted, then we are re—instatang the special use permit. If we don't think an adequate job has been done, then it is up to the City Council to deny it; then the White Pear Rod & Gun Club would be in the position of having to apply for a special use permit, but should not be required to operate under regulations more restrictive then were previously made, Schwab said. It would not be necessary to refer the matter to Rice Creek again, he noted. Motion made by Ehret, seconded by Peltier, to recommend to the City Council, denial of the application of the ,White Bear Rod and Gun Club for re—instatement of the Special Use Prmit based on the discussion of item #2 as it can't be re—instated because it was made invalid by improper action. Voting for: Ehret and Peltier. Voting no: Spitzer and Peloquin. Motion failed. Perron noted that they were directed by the Hugo City Council to apply for a Special Use Permit to consider Item #2 only. We were told to do this, he said. City Attorney outlined rather clearly what the issue is. Sc-letty said no trees were planted prior to June 1, 1975. Spitzer said a point had been missed — prior to the deadline, as indicated in the original special use permit, there was some question as to whether a row of trees were planted — he did point out three trees to a roar had been planted — maybe we should be trying to decide what does constitute a row of trees. If we assume that the trees that are out there are good enough — if they are what we contemplated in 1974 — then there is no ques— tion whether the special use permit is null and void. Peloquir said he could get a forester to come and look at the trees to see ii it is a•proper and. adequate planting. Chair recommends tabling the matter until the July 14 meeting. Vern Peloquin appointed a committee of one to obtain an expert's opinion on the extent of the tree planting, the density which they can be planted and expected to survive and how many trees can be planted in those rows under good forestry conditions, with copy of such to be filed with City Clerk prior to July 14th meeting. Planning Consultant Schwab and appli— cant to meet with City Attorney and suggest the applicant's attorney be present, to try to determine what the legal process concerning whatever deliberations should take place or not take place, concerning the re— instating of the permit. r Planning Commission Meeting June 9, 1976 Page 9 of 10 Special Use Permit — Burdick Upom the advice of the Planning Commission, Burdick agreed to delete the word wholesale from his application. Request should read "auto repair and reconditioning, auto sales and service and related retail items. Ehret noted there is no site plan and no action can be taken without it. Burdick requested to furnish sketch of the property showing entrance and egress, traffic pattern, vehicular traffic in the street, limit of placement of the vehicles and block outline of the street showing business entrance. Recommendation from Schwab requested prior to July 14th meeting. Sketch plan to be furnished to Schwab by applicant at earliest possible date prior to meeting, copy also to City Hall. Dean Johnson — Variance Dean Johnson, 5839 147th Street North, brought in sketch relating to request for variance to build garage 2' from property line. It was his understanding that in Single Family Urban, there was a side yard setback of 101 but after examination of the ordinance, it was found that garages and accessory buildings could be located 51 from the property line. Mr. Johnson will build his garage in conformance. Peltier made motion, seconded by Peloquin, to reject the application for Variance, File /'10,76-112—VAR, based on the fact that the applicant is moving the garage to conform with the appropriate city code. All aye. Motion carried. 01 I Tara . 1.1m. Regarding five acre tract he owns off of 165th and Hwy 61. No road frontage — serviced by easement only. 011:ara presented documents that support fact that he has a 661 wide perpetual easement; building permit can be obtained. File vacated — request unnecessary. LaBelle — Rezoning Application received from Eugene La.$elle, 7286 157th Street North, to rezone 11.8 acres to permit applicant to retain his present dwelling with a five acre site and to sell remaining 6.8 acres as one tract as site for additional dwelling. Motion made by Peltier, seconded by Peloquinn to set a public hear— ing for 7:30 P.M. on Wednesday, July 14, 1976. for the purpose of rezoning the property of Eugene LaBelle, 7286 157th Street North, from Agricultural to R112. All aye. Motion carried. PLANNING C011,11ISSION 42POINTIE-I T Planning Commission Kleeting June 9, 1976 Page 10 of 10 Applicant William Greger, 1216. Everton Avenue North, appeared, noted he has been a resident of White Bear Lake area for twenty years and a resident of Hugo for fourteen years. He is employed as an enuineer at Univac at Roseville. Motion made by Peloquin, seconded by Peltier, to recommend to the City Council that Tilliam Greger be assigned to one of the vacancies that _,.gist on the Planning Co,.,T.iission. ll aye. I.,lotion carried. Meeting Cancelled I -lotion made by Ehret, seconded by Peloquin, to dispense with the second meeting in June. All aye. Motion carried. 1,11otion made by Peloquin, seconded by Ehret, to adjourn the meeting at 10:08 P.M. Mary e Babcock, Secretary Hugo Planning Commission