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HomeMy WebLinkAbout1976.09.22 PC MinutesV. i� INU"_'ES ^F THE 7RCCEEDINGS CF THE HUGO '_'L A?niING CCP' NISSI CN Er'T__' i'3ER 22 , 1976 Public Hearing - Thirteen Rezoning Requests The public hearing was called to order by Chairman Spitzer at 7:15P. M. :attending were Spitzer, Ehret, Peltier, and Rosenquist. Greger arrived 7:1 Q ". M. ''el oqu in rrived 8:15 P.M. Also attending were 3111 Schwab, Washington County Planner and Carl Sale, Hupo City r1anner. Chairman Spitzer read the official notice of the public hearing, not- ing the names of the property owners who have requested rezoning. He ex- plained that each parcel in cuestion has been examined by at least one member of the Planning Commission prior to the hearing. He asked each property owner, if present, to point out the location of his property on the zoning map, and also to gave the reason he is making this request, when his particular parcel or parcels are being discussed. Spitzer intro- duced Carl Dale whom he asked to tell what rrmific=itions each rezoning would have and also asked Dale to give his opinion of the requested rezoning. Carl Dale stated that in most cases the requests were to rezone land from Conservancy to Agricultural. He noted that there are a couple other different requests, but in most cases the requests are to rezone from Con- servancy to .--•.aricultural. He said that in order to properly rezone these areas, tre terms should be defined. The public should fully understand;. what wd,are talking about, he said. Under the conditions that we were given in the original zoning, and with the information we had available, it was quite &,eneral and there were some inaccuracies, he said. In fact, he added, we felt that some of the property owners might later request rezoninff based on more current information. we now have new soil maps which are extremely accurate. The older maps grave more general infor- mation; the information on the new soil maps is very accurate. Rig'.'.^.t now there are a lot of farm ponds which are described as lakeshore based on the information. This is one area which should be defined better. Many of these descrepancles could be cleared up this winter and a new tonin,,,_ map could be ready by #ring, he said. , He described land in Conservancy as land that should be preserved for the public interest. This could include water bodies, wet lands, flood plains, forest and woodlands, that is, mood woods, and land that has steep slopes; then there are the more fuzzy area - scenic views, rock formations,etc., he said. The Agricultural zoning falls in two categories, Dale Said. :^irst of all there is the commercial Agricultural lend that is .actually being farmed- crops, cattle, tree �rnr-s - ^nythina that makes an economic return to the farmer. The second category takes in the property which may not be farmed today for economic=al return but are out in the hinterlands and Dre zoned that way to control the populrtion density. planning commission Meeting September 22, 1976 Page 2 of 11 Dale explained that the only difference between the Conservancy and Anricultural restrictions was that in Conservancy it is necessary to have twenty acres for a home site and with Agricultural it is only necessary to have ten acres. other than that, anything that is allowed in Agricultural is allowed in Conservancy. Conservancy either preserves something in the public interest or the lend is so bad that it is very doubtful that anything could be built on it anyway. Clifford Axelson Clifford Axelson, 12317 Goodview Avenue North, requesting rezoning from Conservancy to Agricultural for forty acres described as follows: "SE4 of SWIle. Sec. 28, T31, R21.11 Mrs. Peltier, who examined the property, pointed out the property or. the zoning map - said there were about four building sites on the property. Most of the property is farmed 9t this time - there is a portion on the North end of the property that is pretty wet but on the Last and South, it is dry and approximately four building sites could be rad - can't see rezoning the whole thing but feels part of it should be. Dale: This is one of the very few that we recommend leaving in Conservancy - showed on soils map that quite a large area is wetland, with very severe building problems. The only good soil is in a swail across the middle, he said. The good area is so small that there would be little gained by rezoning - both vistally and by soil maps, the soil is bad. Greg Cardinal: In these areas that are zoned Conservancy, if they are changed to Agricultural will there be a tax descrepancy? Spitzer: It is my understanding, through checking with the County 0"'fices tt.at the taxes are supposed to be proper to the use to which this land is being used. The answer is no. Francis Peltier: How many feet would you say is across the swamp on the two ends of the property? Dale:According to the map the swamp covers close to 4 or more of the property. Francis Peltier: No, it doesn't. Spitzer: Mrs. Peltier would you please clarify? FrF ncis 'Peltier: Did you walk on the South side? Dale: according to the soil maps the South side is bed, too. Francis Peltier: Hoc many acres would you say is on the South side of the swamp. Dale: It still has severe limitations for building sites. ?rancis Peltier: What if it were split into two twenties? planning Commission Meeting September 22, 1976 -�"ge 3 of 11 Spitzer: Carl, is it possible th=-t we could find a contiguous ten acre parcel that could be zoned ..gricultural and the rest be zoned Conservancy. Carl: The 1;�nd to the South. Spitzer: Could the Southerly .ten acres be zoned Agricultural and the northerly thirty acres be zoned Conservancy. Schwab: No, it couldn't be done. Dale: It is a very difficult p-rcel to divide. ^,chwab: There are red clay soils on the land with a very poor perc rate. The land is not suitable for an on-site sewer system. Schwab: If the owner was to run perc tests and would find an area where it would work - then there would be >-rounds for reconsideration. Marcel Miron: I chopped corn there for the past few years and I don't see any problem with that property. There is plenty of high land all over. There may be some small potholes but who would want to build In a pothole ? Mary Mallinger Mary Mallinger, 5816 165th Street North, requesting rezoning from Conservancy to .gricultural for 731 acres described as follows: "Tract G, that portion of N�l lying ?nest of RR right of way, Oneka 'Nwnsr, Sec. 8, T91, R21." Neither the owner, or the Planning Commission member who examined the property wits present. Dale: This is probably one of the best examples of how accurate the soils maps are. There, is corn -growing on the hood soil and nothing on the lowlands. one area could be changed to ;gricultural but it is too small to do much good. About 4o0 of the land could be changed to ?gricultural but the rest of the land is obviously Conservancy and should remain so. Grace Jackson: I am familiar with the property. I have been there many times. There is no wetland on a large portion of the land - the wetlands are to the rear. The whole frontage is good. Under a rUD something could be d one . Greg Cardinal. ;reg Cardinal, 5756 N. 165th street, requesting rezoning from Conservancy to Agricultural for forty acres described as follows: 11SV of NIJISect ion 8, T31, R21.11 Dale: This is the property right next to the Mallinger property. (Greg Cardinal pointed out loc?tion of property on zoning map) pl-anning Commission Meeting September 22, 1976 Fage 4 of 11 Dale: Right now through the dry season, hay is being grown, but according to the soils map and my information, it should remain Conservancy because of the natural features - it is an area that should be preserved. It does have a high water table and is subject to frequent floodings. Cardinal: There is a :- Judicial Ditch that noes through the property and since I have been there (1067) there.has never been water flowing outside of the ditch boundaries. Spitzer: 'het is the depth of the water tablein a generally wet year? Schwab: The average would be between 2 and 4', although there are a variety of water tables on the property. cardinal: I don't like the Conservancy zoning for tax purposes and for resale value. Richard Sa_gstetter - Arlington Properties Richard Sagstetter, 100? V„n Buren, St. caul, Minnesota, requesting_ rezoning from Single Family .?states to Commercial of the forty-five acres described as follows: "That part of the SW of P"a►1, except the North 2 rods thereof, and that p -rt of the Nl•1a of SW!% Section 29, T-11, R21, lying masterly of STH 61,° Sagstetter: actually our request is for rezoning to Retail Business and light industrial. I have two proposals drawn up for your consider- ation. I feel the land is improperly zoned because of the geographical locat ion. Spitzer: Cur purpose tonight is to hear cases where an error was made in zoning. I don't feel you fit in that category and that we have made a mistake in including you. I feel you should have a sep- arate hearing and would like to put you on our next agenda. Greg C,�rlson: I would like to be informed when this hearing will take Place. : pitzer: You i.•.ill be notified if you are within three hundred feet of his property, otherwise you may learn about it in the Forest Lake Times. :dilllpm I.,41underlich •lilliam Wunderlich, 1599 Ingersoll Avenue, requesting rezoning from Conservancy to ^vricultural for 114 acres described as follows: "NIL of the NY'i4 of the NTti4 of the NE.11 I of Sec. 14, T'1, R21.” Mrs. _'e It ie r pointed out the location ota the zoning map. Stated there are quite a few ponds on the property - land is hilly. Mrs. Peltier recommends rezoning to iariculturril. planning Commission Meeting September 22, 1A76 page 5 of 11 Dale: I gree with the recommendation of Mrs. Peltier. Under the 4mXistina zoning, much cf the land to the South bf Mr. Wunderlich is zoned. Conservancy and should be changed from Conservancy to ^.aricul- tural. This is not land to be preserved - the ponds are polluted because cattle are there. To the North, it is a different situ=ition. This rezoning request is valid. Francis Peltier Francis Peltier, 13094 Goodview Avenue North, requesting rezoning. from RR1 to ;agricultural of twenty acres described as follows: "E1 of T.41 of the SE -1 in Sec. 29, T11, R21, containing 20 acres. Also requesting rezoning from Conservancy to ^grlcultural of nineteen acres described as follows: "Ei of the NEI of the NTEI of ;ec. 32, T319 R21, except S 165 feet of the East 264 feet," Mrs. Peltier stated the � 19 acres now zonedonservancy f is low and In wet years is wet and unsuitable for homesites. The twenty acre parcel is suitable for agriculture all the t ime and part 'is, suitable for homesites. The peltier's plan to continue farming on both parcels. Dale recommended leaving the nineteen acres in 'Conservancy, and rezoning the twenty acres to avricultural. Aldine Anderson Aldine Anderson, 14728 Irish ,,venue North, requesting rezoning from Agricultural to RRI of the eight ^cres described as follows: "All that part of the SE -1 Q of the Vj vlJl of Sec. 23 lying ;:est of 4. the public highway in 7011', R21W of the fourth meridian." Anderson: Is three acres considered R.R1? Spitzer: Yes. Anderson: I just want permission to build one more house on the property. Carl Dale: What we have is good soil on the North and South side but the remainder of the land has very poor soil with severe limitations. I think Mr. Anderson should apply for a variance rather th-r, a rezon- ing - based on the size and shape of his land. His problem is the size and shape of his land. Larry Hanson: Is it my understanding that this kind of a case can be handled through a variance instead of a rezoning? Spitzer: Mr. Dale has suggested that the proper route would be a variance. The chair feels that it is not possible the way our ordinance is :,rawn up. I feel we have two choices 1) do a spot rezoning or 2) leave the parcel zoned the way it is. Fl nning Commission Meeting September 22, 1976 Page 6 of 11 Anderson: Did you say that part of the property has poor drainage? Schwab: The soils map indicates a seasonal high water table. Anderson: There are several gravel pits near me and I put fence up ever since I've owned the property and there is good gravel on the land and we can have a cloud burst with 2" of rain and a half hour later there is no water anywhere. This property was staked off into an eight acre pr-.rcel a lona time before I got there. I have five hundred acres across from me and there are some pretty good sized farms out there and I think this parcel was set aside under a little different condition than the rest of the land. I don't want to re- model the house I have - I would like to build a new home on the property. There isn't enough land to farm - I have lived here six- teen years. Tom Brandinger: Can another house be put on the property if the rezoning is granted? Spitzer: Yes, based on the information we have now. We aren't aware of any perc tests being run on that property. Harold Hamilton Harold Hamilton, 1164 Buchanan Place, Columbia :ieights, Minn- esota, requesting rezoning from Agricultural to RA2 of the seventy acres described as follows: "E-st 2 of NE 4 Sec. 27, Tv,p. 27, Range 21, except the North 617 feet, Cneka Twp.' Rosenquist : I examined the site - his access is limited - there are severe building conditions. rale: There is a high water table - I see no reaGon at all to change the rezoning. Schwab: A large portion of the land has a poor pc�rc rate. Mike Gillen: There are several of the abuting property owners here and we all concur with that decision to leave it in the present zon- ing. I am a civil _ngineer for the State Highway Department; the character of the area is generally :agricultural with isolated homes along Homestead. My well is X46' deep, other neighbors have depths of 2401, 2801, 200' - the Vail development overages 180 - 200' for wells. There are many low areas to the east and wooded areas that should be undisturbed. Persons in this area are raising livestock and want to maintain the Agricultural zoning. Mr. Perrageat: I concur with what illan outlined. Vern Feloguin Vern reloquin, 15226 ^orest Boulevard, requesting rezoning from Conservancy to Agricultural for ?2 acres where his buildings are loc^ted, described as follows "That part of the two forties which lie 'gest of the RAilroad tracks in Section 17" Planning Commission Meeting September 22, 1976 rage 7 of 11 Mr. reloquin is also requesting rezoning from SFE to -agricultural for the twenty acre parcel described as follows: "Sl of NEj of NE4, Section 17-11 Peloquin said the land now zoned SFE has a high water table and is not suitable for housing. Dale: Both these requests are valid - when sewer is extended, the area can be studied again. Tony Schloegl Tony Schloegl, 15658 t;omestead avenue North, requesting rezoning from Conservancy to _agricultural for eighty acres described as follows: IIS -21 of NW4 of Section 15, T31N, R21W . " Schloegl: I would like to see the east sixty acres rezoned to kgric- ultural, and leave the west twenty acres in Conservpncy. Dale: The east end of the property does have some problems, but it Is still a valid request. Schwab: I feel the west forty acres should be left in Conservancy, but the East forty could be rezoned to agricultural. Grace Development Co. Ken Tschida, of Grace Development Company, requesting rezoning from Conservancy to :agricultural of fifty-three acres described as follows: "Fart of the West 1 of the NE oof Section 30, T31N, R21W9 and part of North 700 feet of the NW4 of the SEI of Sec. 30, 731N, 821w, and part of the Nbl4 of the SE4 of Sec. 30, T31N, R21W." , Tschida: This fifty-three acres is contiguous to two other pieces of property th,-it are zoned RR1. There is a 30t difference in ele- vation on this property but sewer line is'oh'the eastern tart 'of the property. Spitzer: But both you and I know that the sewer isn't available just because it is there. Tschida: I know t h?t . It is our intent to leave the large portion of the property with ponds and streams on it in the Conservancy District. Dale: I guess we would agree their request is valid, generally. The area to remain in Conservancy should be kept that way because it is woodsy - borders a marshland. planning Commission Meeting eptember 22, 1976 page 8 of 11 T. J. Marier T. J. Marier, 5566 N. 145 street, requesting rezoning from Con- servancy to Agricultural of forty acres described as follows: "SW4 of ,w4 Sec. 16 . it Mr. Marier is also requesting rezoning from SFE to Agricultural the eighty acres described as follows: 'N4 of NWA of See. 2111 Marier: The entire area has been known as 3irchvale Farm for over 100 years - there are some wet areas - any development would have to be done through a PUD. I would like to see all my property zoned _'•.�ricultural. Dale: I think both requests are valid. Vic Myers Victor Myers, 9798 75th t. TJ., Stillwater, requesting rezoning from Conservancy t o :agricultural for 30' acres described as follows: "East of mej of sec. 5, T31N, E21'r:" Ken Tschida: (representing Vr. Myers) ':;e realize there is heavy ground and clay there but believe it is percable. Dole: I agree the north part could be zoned agricultural - roughly 1/3 of the property, P,osenquist: I examined the property and don't ?gree with the eval- uation. T1—re is a small ^mount of high land and the rest is low. I would like to see soil borin_as . Tschida: Sewer is available on one side of the property. The hearing was closed at 9:33 =.M. Me e t my The meeting was called to order at 9:40 T-. M. by Chairman Spitzer. Present were: Spitzer, Ehret, Rosen uist, Peltier, Peloquin an--' Greger. Motion made by Peltier, seconded by : eloauin, to delay the app- roval of the minutes of the last meetim until the next meet -Ing*. All aye. Mption carried. ;xe is on Greger made motion, seconded by '<osenquist, to recommend to the City Council that the request by Clifford Axelson, for rezoning of forty acres from Conservancy to vgricultural, described as '*SL4 of SE -.1, Sec. 28, T31, H21, be denied,. Planning Commission r;eet ing ,ertember 22, 1976 rage o of 11 Voting for: Spitzer, Ehret, Greger and Rosenquist. Voting No: Peltier. reloquin abstained. Mot ion ct� rried . Mallinger Informal poll of the Planning Commission indicated in favor of rezoning a portion of the Mallinger property. Peltier made motion,, seconded by Rosenquist, to table further action on t'r.e Mallinger matter until the next meeting, and instructed 'lill Schwab to draw the prcpnsed changed zoning boundaries on the zoning; map to be ready for the next Planning Commission_ meeting. All aye. Motion c.f:rried. Greg Cardinal Ehret made motion, seconded by Greger, t o recommend to the City Council that the request of Greg Cardinal, 5756 N. 165th Street for rezoning from Conservancy to agricultural for forty acres described as SE -1 of Nwl , Section 8, T31; R21, be denied. Voting; for: Spitzer, Ehret, Peltier,zosena Ist and ;reger. Peloouin abstained. Potion carried. Sagstetter Secretary directed to put Mr. ;aarstetter on the agenda for the first Planning Commission meeting in October. Motion made by Peltier, seconded by Ehret, to schedule a public hearing For ?:30 F.M. on October 27th at t'ce Hugo City Mall for the purpose of considering the application of :Richard Sagstetter, for rezoning from S: -"R to Retail Business and ]Industrial of the forty- five acres described as follows: Th?t nprt of t'r.e SWC of NSI , except the p,Torth 2 rods thereof, Pnd t% ---t rprt of t' e N1w.1 of Sw Section 29, T31, R21, lying r?sterly of STII 61, All aye. Motion carried. Wunderlich Rosenquist made motion, seconded by ' eltier, to recommend to the City Council that the request made by William Wunderlich, for rezoning from Conservancy to _lgricultural for 114 acres described as N� of they N.v4 of the NWI of the NE )4 of Sec. 14, T31, R21, be approved. Voting for: Spitzer, Ehret, Peltier, Rosenquist and Greger. Yeloquin abstained. Motion carried. Francis elt ier Ehret made motion, seconded by. Rosenquist, to recommend to the City Council that the..reauest of.Francis Peltier for rezoning from RRI to Agricultural of . that .port ;on `of • 20 SCres eying north of 130th- Street ) described as E f the S'rV of tYie ` SE4 in Section 29, X31, ' R3, die granted, and. ttat the 'entire 19 4cres i'b descreA as Ej of `= the NE4 of -the ' NE4 =©f _. Section 32, 'T3,.� ,R21:, .except.S 165 feet of the East 264 Feet should remain. in -Conserv'aricy Planning Commission Meeting eptember 2.29 1976 _rage 10 of 11 Vot ing for: Spitzer, Ehret, F eloquin, F?osenquist and Greger. Peltier abstained. Motion carried. Aldine Anderson Ehret made motion, seconded by Peltier, to lay over the matter of tre Aldine Anderson rezoning request until the next meeting. Secretary directed to obtain an opinion from the City :attorney as to which approach Mr. Anderson should use in order to get a second building site on his eight scres. opinion to be available to the Planning Commission for their next meeting so that the matter may be disposed of. Hamilton Ehret made motion, seconded by Pelti_r, to recommend to the City Countil,denial of the request made by Harold Hamilton for rezoning from Agricultural to RR2 for the seventy acres described as: E-1 of N:1Sec. 27, T27, R21, except the North 617 feet. Oneka twp. Voting for: Spitzer, Ehret, Peltier, ^eloquin, Creger and Rosenquist. Motion carried. Feloquin Ehret made motion, seconded by Peltier, to recommend to the City Council, approval of the request made by Vern Peloquin for rezoning from Conservancy to agricultural the 32 acres described as that part of the two forties which lie west of the ?ailroad tracks in Sec. 17; and to also recommend approval of the request to rezone twenty acres from SFE to yaricultural described as : Sy of NEI of NEI, Section 17. Voting for: Spitzer, Ehret, Peltier, Greger and Rosenquist. Peloquin abstained. Motion carried. Schloegl Rosenquist made motion, seconded by Peloquin, to recommend to he City Council, approval of the request made by Tony Schloegl for rezoning from Conservancy to agricultural of the eastern forty acres he owns, leaving the remaining westerly forty acres in Conservancy. The land is described as 51 of Nld of Sect ion 15, T11N, R21W. Voting for: Spitzer, -Ehret, Peloquin, Peltier, Rosenquist and Greger. Motion carried. Grace Development Co. ?osenquist made ]notion, seconded by 3hret, to table the matter of the rezoning request made by Grace Development Company until the �: -t giber lath meeting. 3111 Schwab directed to draw the new zonine; boundarieeron the zoning map and have ready for consideration by the Planning Commission at it's next meeting. All aye. Motion carried. Planning Commission Meeting September 22, 1976 ?gage 11 of 11 T.J. ,larier Feloquin made motion, seconded by 7-hret, to recommend to the City Council that the twenty acres owned by T. J. (varier, described to SWI of .;;;r4, 3ec. 16 , requested to be rezoned to :agricultural, be approved. Voting for: Spitzer, Ehret, 7eloquin, Peltier, Rosenquist and Greger. Motion carried. The chair will rule that all the property nort�i of Oneka 'sake Boulevard addressed in Mr. ;:arierls request is already zoned-.gric- ultural and will be dropped from further consideration. Rosenquist made motion, seconded by =hret, to recommend to the City Council that the request for rezoning fron` Conse". hncy^t?5-Agri culturdl of that ,pbrtion' of Mr. Marter's 'property that lies South.. of Oneks Lake Boulevard be denied. Voting f er: Spitzer, Ehret, Peloquin, Peltier, Rosenquist and Greger. Motion carried. Mye r riosenquist made motion, seconded by reltier, to table the matter of the -Myer • request for rezoning until the next meeting; Bill Schwab directed to draw the proposed zoning boundaries on the zoning map, to be ready for the October 1' th meeting. ,all aye. Motion carried. Peltier made motion, seconded by Fe loquin, to adjourn the meeting at 10:40 P.M. Mary n Babcock, Secretary Hugo Flanning Commission