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HomeMy WebLinkAbout1976.07.14 PC MinutesMINUT'E'S OF THE PROCEEDINGS OF THE HUGO PLANNING COMMISSION JULY 149 1976 Public Hearing - LaBelle The public hearing for the purpose of considering rezoning of 11.8 acres owned by Eugene LaBelle, 7286 157th Street North, from Kgricultural to RR2, was opened at 7:33 P.M. by Chairman Spitzer. Present were Spitzer, Greger, Peloquin and Peltier. Also attending was Bill Schwab, Washington County Planner. Rosenquist arrived 7:45 P.ti. and Ehret arrived 7:48 T.M. The official notice of the public hearing was read by Chairman Spitzer. Klein Johnson, attorney representing Mr. LaBelle, explained the requested rezoning would permit separation of 6.8 acres, which Mr. LaBelle would like to sell, le?ving him 5.0 acres on the present home site. He further explained that they are requestin?^ one homesite on each parcel, with no further breakdown to be requested feels the rezoning would be compatible to the development of the rest of the neighborhood. There are several nearby p=rcels that are smaller than five acres. He further stated that both pafcels can support an on-site sewage disposal system. Spitzer mentioned th=t Mr. Zimmerman, a realtor who also represents Mr. LaBelle, has pointed out that there are lots to the north that are divided into lots even smaller than the RR2 district allows. Howard Schlesky, 15900 Harrow Avenue: I recently moved in from Ore- gon. I would like to know what RR2 is? Spitzer: RH2 is an area in which the smallest parcel of land that a home can be built on is five acres - generally restri:;ted to agricultural and residential use - generally commercial =activities are not allowed. No further comments were made, and the public hearing was closed at 7:52 P.M. Meet Ing The meeting was called to order by Chairman Dan Spitzer at 8:00 P. M. Present were Spitzer, Ehret, Greger, Peloquin, Peltier, and Rosenquist. Also attending was Bill Schwab, Washington County Planner. Motion made by Peltier, seconded by Ehret, to approve the minutes of the June 9, 1976 meeting after making the following corrections: Page 2, takne to taken, cango ch?nged to two words, Page 3, Tens i to Toensingr and Bramsteadt to Bramstedt, page 5, Waller submitted affidavit, page 7, concitions to conditions, and "conformance not" to "conformance nor", page 8, previoisly rade, to previously made ?nd "decide if it is a row or not, cYianged to "to see if it is a proper and adequate planting", page 9, delete "instating of the permit". X11 aye. Motion arrried. 1-a3elle - Rezoning Chairman Spitzer pointed out to Klein Johnson, attorney, th?t it Planning Commission Meeting July 14, 1976 Page 2 of 5 pages will be necessary for Mr. LaBelle to provide the City with a survey for the entire 11.8 acres, since our files contain a survey for only the 6.8 acre parcel. He further pointed out that any action taken tonight would be contingent on receipt of such a survey. Schwab commented that the rezoning seemed proper; suggested that since the Planning_ Commission is aware of the land conditions to the North, that it might be desireable to recommend to the Council the rezoning of the property to the North and south, so that smaller lots may be considered there. Spitzer stated that there are already smaller tracts to the north, which have been subdivided and conveyed and regardless of whatever zoning changes are undertaken, those lots already exist as two acre lots, which is smaller than the minimum, and would make no difference to those prop- erty owners. It would seem more reasonable in this case, to allow spot zoning, to bring it in conformance with the land use in that area. IYotion made by Peltier, seconded by Pelo^uin, to recommend to the City Council that the applic�--tion for rezoning of -ugene LaBelle, 7286 157th street ;north, from Agricultural to RR2, be approved, and that notice be given the City Council that the Planning Commission, in general, does not favor spot rezonings, but feels in this instance that it is justifiable, to bring this property in conformance with other existing property in the area, and final disposition of the matter should not be made until the City is in receipt of a survey of the entire parcel containing 11.8 acres. Voting for: Spitzer, Ehret, Greger, Peltier, Peloquin and Rosenquist. Motion carried. Aldine Anderson - Rezoning Mr. Anderson appeared; has filed an application for rezoning of his property at 14728 Irish Avenue North from Agricultural to RR1. Home is located at Irish at approximately 147th Street - total land involved is eight acres. 150.00 fee has been paid. Mrs. Peltier read excerpts from minutes of Special City Council Meeting held on December 30, 1974 in which a comm �ttee was formed, to consider fifteen rezoning requests; Aldine Anderson was one of those persons named. It was noted thpt these recuests were to be considered with the applic^tion fee waived. No==ction has ever been taken, she said. Matter tabled until later in evening so applicant can decide whether he wants to proceed with his application or v:ithdraw, have his fee returned and then wait for due process of the rezoning applications of those fifteen requests made at the December 30, 1974 meeting-' White Bear Rod & Gun Club Chairman Spitzer read letter received from Forester Paul W. Peterson, of the Metro Porestry Headquarters, which was requested by Vern Peloquin regarding the tree planting condition. Letter stated that Norway pine have approximately 70% survival so far - this would be considered a succ- essful planting, especially for such a dry year. Spacing is closer than he would suggest but with natural mortality and a planned thinning in 8 - 10 years, it should not become overcrowded. The planting ended about fifty Planning Commission Meeting July 14, 1976 Page 3 of 5 pages feet from a low area that appe?red to have periodic flooding; this area could be planted with a species such as white cedar, black spruce, white spruce, soft maple or black ash; Norway could not stand the flooding. Spitzer said that since the last meeting, he has talked with the (pity :attorney and it is his understanding that the matter under discussion is a new special use permit. According to the Attorney, the City Council has stated that all the matters contained in the original special use permit, except the tree planting condition, have been discussed and acted upon and are a matter of record and at the hearing last month, the Chair instructed the people that the only matter under discussion was the tree planting. Attorney said this was not exactly correct but thaw the dir- ections that should have been given was that no m7tter covered in the original Special Use Fermit except the tree plant inv- was available for discussion. The transcript shows that anynne who wished to speak was given the opportunity to do so. It also shows that the Chairman addressed the sec- retary and the Planning Commission members that the matter under discuss- ion was the tree planting. It is my understanding, it is the proper ac- tion of the City to consider the issuance of a new special use permit to the White Bear Rod and Gun Club and owing to the manner in which the hear- ing was held, no one was denied the opportunity to speak on any aspect of the matter and the City Attorney sees no particular legal reason why a new public hearing should be held. If a new permit is issued all the original conditions should be attached but there should be some house- cleaning done, he said. As an example - the driveway now in existence should be maintained in good order, he said. Spitzer asked Perron if he had any comments regarding the Forester's report. Perron said the reason they stopped planting was because they .,,ere getting into the low area. He said he would concur with the Forester's decision. Mrs. Peltier referred to page one of the transcript where it said the White Bear Rod & Gun Club be granted a variance from the tree planting. She asked what the notice said in the newspaper. Spitzer read the notice which referred to amending Item #�2 and considering re -issuance of the Special Use rermit. He said mentioning a variance would not make it a legal defect, according to the ,attorney. she then asked how only one condition could be considered, if in fact a new special use permit is to be considered. Spitzer said th t the Council maintains that the other conditions have been covered and adequately discussed except for the tree planting condition. Spitzer asked if the Planning Commission members believe the public hearing was prejudicial. If it was, it would be necessary to hold another public hearing. If it is the opinion that it was not prejudicial, then we should take action on the issuance of a new special use permit, he said. Mrs. 'Peltier made motion, seconded by Greger, to hold a new public hearing for the White Bear Rod & Gun Club for a new special use permit at 7:00 P.M. on August llth. Motion made by Ehret, seconded by Peltier, to ^ mend Mrs. Pelt ier ' s motion, to state that the previous public hearing was held in a prejudicial manner at the direction of the Chair due to some degree of misunderstanding between the directions of the City Council and the Chair. Voting for: Ehret, Greger and Peltier. Voting against: Spitzer, Rosenquist and Feloquin. Motion failed. Spitzer asked planning Commission members if they were generally in favor of issuing a special use permit to the White Bear Rod and Gun Club. Straw vote showed majority in favor. Planning Commission Meeting July 14, 1976 page 4 of 5 pages Spitzer said it is the sense of the Planning Commission to recommend approval of the Specipl UQe 7ermit. T* has been recommended by the City Attorney to do some housecleaning first. Subject to appeal by one of the Planning Commission members, the Chair moved to table the matter until the next meeting. Chair will appoint a committee of himself and Bill Schwab to clean it up and present the draft for consideration at the next Planning Commission meeting. Peltier referred to the house th=at the Gun Club rents out, which is situated on a five acre parcel - asked if they are renting out just the house, or the house and five acres - stated that in order to ?ualify for the trap shooting facilities they need the entire eighty acres - if they are renting five acres; they do not qualify. Spitzer said they would look into it. Dennis Jurdick - Special Use Permit ^,ite Fl, n was submitted to Bill Schwab, who made copies available to members. Burdick not present to discuss matter. Motion m:=c?e by Peltier, seconded by ^eloquin, to table mptter until the next meeting, Secretary to direct P.urdick to appear at that time or to face denial. All aye. Motion c��rried. :recess called at 9:04 7j% Tom LaCasse - Rezoning Reconvened at 9:12 P. M. LaCasse has filed application for rezoning of forty ^cres located at 13315 rlmcrest "venue from Conservancy to Agricultural. The property is bounded on the north and partially on the east by an agricultural dis- trict. His property is located on high ground and would have no problem ;vetting pert tests, he said. P otion ma,'e by Peltier, seconded by Rosenquist, to schedule a publip hearing for 7:30 P.M. on August 11th, to consider the request of Tom LaCasse, for rezoning of forty acres at 11315 Elmcrest Avenue, from Con- servancy to Agricultural. All aye. Motion c-rried. George Jungblut - Subdivision discussion Mr. Jungblut appeared to discuss subdivision of his property on the northeast end of 3ald Eagle Lake. Chairman Spitzer suggested Mr. Jung- blut prepare an outline of the property showing proposed plans, and send a sketch to 3111 Schwab, and Planning Commission secretary for distribu- tion to members prior to next meeting. Told to be put on agenda for the next meeting for further discussion. Aldine Anderson - Rezoning After giving the matter some thought, Fir. Anderson told Planning! Comm- ission members he has decided he would like to go ahead with his rezoning request. Motion made by Peltier, seconded by Ehret, to schedule a public hear- ing for 7:00 n,P.;, on :august 11th,1976, to consider the request of Aldine Anderson, 14728 Irish :venue North, to rezone eight acres from Agricultural to RR- All aye. r;otion carried. Planning Commission Meeting July 14, 1976 7age 5 of 5 pages Norman -Carlson - Hylarius Company :application has been made by Aorman C='rlson, who owns and operates the Hylarius Company, a firm which manufactures bird feeders, for a special use permit to add a 22 x 1.6 foot addition to his present ware- house building ^t 19445 Highway 61. Motion made by Peltier, seconded by Peloquin, to hear Aar. Carlson, who was not on this evening's agenda. All aye. Motion carried. Mr. Carlson pointed out that the new addition would be used for light manufacturing. The property is now zoned R3 - Fir. C!nrlson's property is grardfothered in - ce wants to sell beekeeper's supplies - both retail and mail order. The use of the intended building would be storage. It was deemed no special use permit is needed, but he does need site plan approval. Chair deems application is improper; fee should be refunded. Directed Tfr. Carlson to apply for site plan approval and appear at next meeting. Open Space Program Spitzer announced that Bill Greger has been appointed as liason between the park people and the Planning Commission. This item will be on the Planning Commission agenda when more information is available. Amend Planning Commission BY -Laws Matter tabled until next meeting. Fifteen Rezoning Requests Motion made by Peloquin, seconded by Peltier, to recommend to the City Council, action be taken on the requests of fifteen individuals which were reviewed at a special meeting on December 10, 1974. A comm- ittee was appointed at that time, and no action has 'ever been .taken. All aye. Motion carried. Motion made by Peloquin, second ed by Greger, to adjourn the meeting at 9:58 Mary el abcock, Secretary J Hugo Planning Commission