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HomeMy WebLinkAbout1976.07.28 PC MinutesMINUTES OF THE PROCEEDINGS OF T�!E HUGO FLS NNING COMMISSION JULY 289 1976 The meeting was called to order by Chairman Dan Spitzer at 7:37 P.M. Present were Spitzer, Greger, Peloquin, and reltier. Ehret arrived at 7:42 P.M. Rosenquist was absent. Motion was made by Peloquin, seconded by Peltier, to approve the minutes of the July 14, 1976 meeting after making the following corrections: Page 4, regarding George Jungblut change southeast end of Bald Eagle Lake to northeast, and regarding Aldine Anderson change AAl to RR2. All aye. Motion carried. White Bear Rod and Gun Club Chairman Spitzer presented copy of updated version of Special Use Permit Conditions that were attached to original Special Use Permit issued to :white Bear Rod & Gun Club, for members' consideration. Spitzer explained that this updated version was drafted by himself and Bill Schwab, Washington County Planner, and that no condition, from the original' Special Use Permit has been changed; simply up- dated. He cited Condition #1 as an example. The original condition states that construction of fence is to be completed by September 1, 1974 - revised draft says fence shall be properly maintained in this condition at all times. Peltier referred to Condition A�4 - says on Sundays their shooting must terminate at 6:0o P.m. - oftentimes they are still shooting at 7:30 and 8:00 F.M. Spitzer said this is police matter and should be reported to p9lice. Peloquin said he doesn't feel this overhaul of the conditicv+s is proper at this time - strongly in favor of acting in favor of Item #2 only and then making the revisions deemed proper at the time of the annual review. Spitzer explained that this is a new special Use Permit and the rnnual review would not be held for one year after issuance of the new Permit. Peloquin said that in view of the fact that the White Bear Rod & Gun Club is involved in a lawsuit which could go to the Supreme Court feels that if City of Hugo does not issue them a Special Use Permit- City of Hugo might get involved in the lawsuit which could be extrer^ely costly for the City. Peloquin further stated that he felt the conditions were changed to the extent that a public hearing should be called and he Is not in favor of another rublic hearing. Ehret said the original Special Use Permit was declared null and void and does not exist so there can not be an annu=i1 review. He feels action can be taken on these conditions at this time and then make these conditions subject to an annual review: Peltier asked that the words 40 dbs. be returned to condition ;98 as stated in the original conditions if this document is to be considered. Spitzer agreed. Spitzer said the choices open to the Planning Commission are as follows: 40 1) Recommend to the. City Council that the jIhite Bear Rod & Gun Club SPOcial Use Permit be denied. Planning Commission Meeting July 28, 1976 Pane 2 of 5 2) To send along to the City Council the document that was just read, correcting Item #8 to again read 40 dbs, and recommend approval of a new Special Use Permit. 3) Send along a copy of the original Special Use PPrmit sub$titut ing Item #2 from the document before you and recommend a new Special Use Permit be granted. Greger felt that in Item #2 - the prows c' trees', still needed more clar- ification - members agreed to add the words °in accordance with the nor- mal forestry standards, after the word maintained. Motion Trade by Ehret, seconded by Greger, to recommend to the City Council approval of the White Bear Rod and Gun Club Special Use Permit, with the revised conditions, with the above mentioned corrections. Voting for: Spitzer, Greger and Ehret. Vot ink against: Peltier and Peloquin. ript ion carried. Norman Carlson - Hylarius Company Mr. Norman Carlson, who owns and operates the Hylarius Company, a firm that manufactures and sells bird feeders, appeared with a site plan for the new building be plans to build for storage use only. It has been determined at the last rlanning Commission meeting that Mr. Corlson does not need a special use permit - simply needs site plan approval. Motion made by Peloquin, seconded by Peltier, to recommend to the City Council, Site Plan approval for Mr. C^rlson, at 5445 Hiway 61, for a 22 x ?6 addition to his building, to be used for warehouse purposes. Voting for: Spitzer, Ehret, Pelt ier, Pelonu in Pnd Greger. Motion carried. Dennis Burdick - Srecial Use Permit Motion made by -Ehret, seconded by Peltier, to deny the appl-ication of Dennis Burdick, 14529 Forest Boulevard, for a special use permit to operate a motor vehicle sales operation insofar as he has consistently made himself unavailable to discuss his site ;plan. Voting for: Sritzer, Ehret, Peltier, Peloquin and 'Greger. Mot ion carried. Peloquin said it was early in the evening and Burdick could still show up. Spitzer said if he arrived later in the evening, that he wculd again open up the matter for discussion. Building inspector questioned the body shop in a district that does not allow body shops. Spitzer said it has been the understanding of the plann- ing Commission that the body shop is grandfathered in. Crever said at first he was told that they were just going to fix up dents and now it appears that they are going into 'a full scale operation. Ehret said that up until this time there has not been any proof that this business is not grandfathered in. Unless such proof is offered, the Planning Commission is operating on the premisethat it has been. Spitzer said Burdick claims he has been in continuous oper^t ion. Spitzer said he suggests netting an opinion from the City attorney as to whether he meets the requirements for a Grandfathering. Planning Commission Meeting July 28, 1976 Page 3 of 5 George Jungblut - Sketch Plan Mr. Jungblut appeared with developer Roy Stanley with a sketch plan for his proposed development on the northeast end of Bald Eagle Lake. Pro- posal shows twenty acres divided into 16 one acre, or larger homesites. The land is presently zoned Single Family Estates. Two new streets are proposed - Mr. Jungblut explained the Sanitary Sewer line is 1/4 mile away - he proposes on-site sewage systems - has not yet taken perc tests. Spitzer explained a 60' wide road would be required and most likely would have to be blacktopped. Peloquin felt it would be difficult to get City Council approval without public sewers. Spitzer said if he meets minimum lot size requirements and has acceptable perc tests, that it should be acceptable. Peloquin suggested to Jungblut that he check with the City Engineer regarding the availability of city sewer before he proceeds too *such further. Spitzer explained that there would be need for park land dedication and that usually the city preferred cash in lieu of -land but Greger pointed out that it isn't everyday that the City gets an opror- tunity to acquire lakeshore. Spitzer agreed - mentioned that the policy has been to ask for either 7% of the vp lue of the undeveloped land or 100 of the land. Spitzer suggested discussing the rossibility of accept- ing land instead of money with the City Council ^nd the W-shington County Planner. Peloquin made motion, seconded by Peltier, to accept the Jungblut sketch plan with the exception of the width of the north street, which must be widened to 601, =nd subject to dividing lot #10 among the two adjacent properties; careful consideration is to be given to the entrance of the north -south street on the south end. all aye. Motion carried. Secretary advised to forward one copy of sketch plan to City Engineer. Planning Commission to discuss matter with Washington County Flanning Consultant. applicant advised to reappear at the August 11th meeting. Burdick - Special Use Permit Upon the arrival of Dennis Burdick, Ehret made motion, seconded by Peltier, to rescind the previous Burdick motion. All aye. Motion carried. Chairman Spitzer read County Planning Consultant's recommendations regard- ing the Burdick Site Plan. Spitzer pointed out that the drawing contained no provisions for signs. Burdick advised to discuss matter of sign ord finance with Building Inspector. Burdick agreed to Schwab's recommendations except for requirement to park 12' from the sidewalk - said his plans were to park 12" from the sidewalk. The parking of cars in the front of the building was discussed.- Burdick informed he could not cross the sidewalk to park cp.rs in any place that isn't a driveway. Peltier said she thinks the cars are parked too close to the sidewalk. Thinks they should be at least three feet away from the sidewalk. Burdick told to reappear on August 11th and to provide a new plan that shows the driveway, distance from property lines, show approximately where front of Post Cffice is and width of street and also possibility of putting rock, or similiar decoration so teat distance between sidewalk and parked cars is clearly defined. Burdick should also show location of signs. Planning Commission Meeting July 28t 1976 Page 4 of 5 Darryl Granger, proprietor of Granger Body Shop, questioned the body shop being grandfathered in - showed ad in telephone directory showing proof of soliciting body shop business. Granger said he had to comply with Hugo Code when they rebuilt. Feels that he can't compete with 3urdick in view of the tremendous investment he has in his business. Spitzer explained that if a business is grandfathered in, it doesn't have to meet present day code. However it was pointed out that a busi- ness that is grandfathered in may not intensify. Burdick said that ad in the telephone directory was not for him business. Ehret said Burdick claims the body shop is grandfathered in; they have no proof to the con- trary. If anyone has such proof, then it is a different story. Spitzer said if the Burdick building burned dofTn, they couldn't even rebuild, because the zoning is improper. He further stated th?t if there is any evidence that the body shop was closed for any substantial amount of time, he would like to hear about it. Fifteen Rezoning Requests Spitzer stated that the City Council has requested the Planning Commission to handle the disposition of the Fifteen Rezoning requests th?t were pre- sdnted for consideration at the December 30, 1974 meeting of the City Council. Spitzer suggested dividing the list of applicants among the Planning Commission members. Each member is to familiarize himself with the property assigned to him, with the reasons for the requests, and then a public hearing will be scheduled for all of the requests at one time. There will be no fees involved, no surveys will be required, and the City will furnish no surveys. Motion made by Peltier, seconded by Peloquin, to have secretary send letters to all fifteen applicants for rezoning asking them to appear at the august 11, 1976 meeting to discuss their rezoning request presented at the December 10, 1974 City Council Meeting; they are further requested to have a legal description of their property available pt that meeting. Mrs. Peltier was assigned Clifford Axelson, Alcaine .Anderson and Bill Wonder- lich. Peloquin was assigned Mrs. Mare Mallinger, G.S.Cardinsl, end T.J. Marler. Spitzer was assigned Fr?ncis Peltier& Grace Development Company, (two different parcels) Rosenquist assigned Rich^rd Sagstettee, Herold E. Hamilton and Victor S. Myers. Because he would be unable to �?,ttend the August 11th meeting, Greger was given no assignment. Ehre`L assigned Schloegel, Bur -Lar, Inc. acid 'Tern Peloquin. Spitzer admonished members to familiarize themselves with the properties, determine if the request is reasonable in regard to the zoning of near- by properties and also compatible with the Comprehensive Plan. Planning Commission By -Laws Chairman Spitzer presented draft of by-laws amendment for members' con- sideration. Ehret made motion, secondedby Peloquin, to amend Article III to read as follows: Section 1. Regular members shall consist of seven persons app- ointed by the City Council. Each member shall be entitled to one vote. A non-voting, ex -officio member will be appointed by the City Council from among its members. Section 2. In the event that any regular member of the commission is absent from six consecutive regularly scheduled meetings of the commission, the chairman shall request the City Council to declare the said member's seat vacant and to appoint a replacement. Planning Commission Meeting July 28, 1976 Page 5 of 5 Voting for: Spitzer, Ehret, Feloquin, Peltier, and Greger. Motion carried. Ehret made motion, seconded by Peloquin, to adjourn the meeting at 10;15 P.M. All aye. Motion carried. Mary "ne" B?bcock, Secretary Hugo Planning Commission