Loading...
HomeMy WebLinkAbout1974.12.17 CC Minutes DECEMBER 17, 1974 PUBLIC HEARING OF PROPOSED ZONING ORDINANCE CITY OFSHJ®O The meeting was called to order at 8:12 P.M. by Mayor Lease. Members of the council present were: Lease, LaValle, Leroux, Smith and Martin. Also present were Attorney Johnson and City Planner Dale. The City Deputy Clerk read the Public Hearing notice published in the Forest Lake Times. Mayor Lease explained the following changes made by the Planning Commission, Ordinance Committee and City Council: Lot sizes changed to Agricultural - 10 Acres, Conservancy - 20 Acres, RR 1 - 3 Acres and RR 2 - 5 Acres. In addition there were two areas change called Lakeshore and Flood Plain. These are special control districts within other districts. Another change in the Ordinance was to include the requirements for a Farm Site Plan. G. Cardinal - 5756 - 165th. Street - Mr. Cardinal objected to the 20 acres Conservancy District. He felt that it should all be Agricultural. Mr. Lease explained that Conservancy is for very low land. He also stated that the Conservancy lines were not absolute lines - The City could not afford to pay a field crew to come out and survy the whole City. Carl Dale added that Hugo's information isn't as good as it should be and most other communities are allowing people to come in and prove that their land is Agricultural. Mr. Cardinal felt that the people should not have to prove that their land is in the wrong district. Ken Tschida - Grace Development - Mr. Tschida asked if the 20 acre Conser- vancy could be platted into one acre lots. The answer was no. Aldine Anderson - 14780 Irish Avenue No. - Mr. Anderson said you should let people in the Hub build any thing and for people out of downtown freeze all home building. He said the reason he said this is that he owns eight acres and he will not be able to build another home on his land. Mayor Lease stated that there is going to be some discrimination but when the sewer is extended the Zoning Map will be greatly changed. Thomas Creager - Ingersoll Avenue - He agreed with the above and he came from an area that was zoned like this and it was very difficult to change from one district to another. Mr. Creager asked what kind of controls were there regarding septic systems, etc., in the lakeshore area. He was told that the City of Hugo has no control over Lakewhore - it is controlled by the Department of Natural Resources. Robert Burkard stated that he has received a letter from the State regarding Ordinances. Bill Peters - 318 Degree of Honor Building - Representing Bald Eagle Sportsman Club. Mr. Peters asked why there wasn't a district for "Recreationa Commercial". He said that it was covered under Special Uses and there is no grandfather clause for open use of land. Mr. Johnson explained that open use of land was only valid for three years and after three years they would have to apply for a Special Use Permit at which time the Council will de- termine if the use of the land is detrimental to other land owners. Mr. Peters asked if this was constitutionally valid?, and Mr. Johnson said he fel it was. Mr. Peters felt that there should be a district for "Recreational Commercial" instead of having it under Special Use Permits. Mr. Dale explaine that there is such a wide range of items to consider that instead of all them having a separate classification, they were put under a Special Use Perm He said if the City tried to regulate each and every use, they would have an Ordinance as big as the Encyclopedial Britanica. A lot of other communities have done it the same way as Hugo. Mr. Peters asked if it is advisable to apply for a Special Use Permit at this time rather than wait until the three years is up? He was told that it was up to the property owners. 2 9 ,� DECEMBER 17, 1974 G. Cardinal - 165th. Street - Mr. Cardinal asked if in three years and one day, the City could stop a business that was a nonconforming open use of land? The answer was yea, the City could stop his business if he did not apply for a Special Use Permit. Howard Schletty - Egg Lake Blvd. - Mr. Schletty asked if there was any re in that a person could not build a new house on 8 acres of land. He was told that he could not build a new house until he was first rezoned and proved that it fit within the comprhensive plan and prove that there is a build- able site. Mr. Lease explained that Zoning Ordinances are subject to re- vision from the day they are adopted. Dick Bury - Minnetonka - Land owner in Hugo - Mr. Bury stated that Nimmetonka zoned the same way fifteen years ago and they are now having a lot of pro- blems. He said the City should leave some open minds to allow the developers and land owners to come in with plans. He felt that you devalue the land by one half by having the lot sizes so large. He stated that he uwns pro- perty zoned Agricultural and plans to develop it in the near future. He said it is adjacent to a RR 2 district and he would like to change it to RR 2 prior to adoption of the Zoning Map. Carl Dale stated that Hugo's zoning map is based on projected sewer expansion plan unlike Minnetonka. He said Hugo's Ordinance is being used as an example by the Metro Council. Theodora Peltier - Mrs. Peltier protested to the Farm Site Plan. Said this wasn,t the Ordinance Committee's intention. Vern Peloquin - Forest Blvd. - Mr. Peloquin objected to the Farm Site Plan approval requirements. He said farmers don't always know what they need until they know what crops they're going to have. The process would take too long. He felt that they should only be required to get a building per mit. He also felt that the $1 ,000.00 was too low. Lease felt that this provision was put in to protect proposed road right-of-ways and from building on drainage ditches. Robert Waller - 14310 Homestead Avenue - Mr. Waller felt that the amount of $1 ,000.00 is too restrictive and it should be changed to $10,000.00. Bill Wunderlich - Ingersoll Avenue - Mr. Wunderlich felt that a farmer knew the best place to build on his property. Mr Lease stated that the council cannot tell you where to build but they do not want you to build on a drain- age ditch or where a proposed road might go. It is not the Council's intent to cause a hardship. He said this was also to protect the people from having a pig pen built right next to their homes for example. Harley Johnson - Frenchman Road - Mr. Johnson felt the $1 ,000 was very low figure. He said we're going to have a lot of ten acre farms with $995.00 sheds and if the amount was set at $2,000.00 there will be a lot of $1 ,995.00 sheds. Theodore Peltier - Mrs. Peltier felt that the Farm Site Permits should be handled by the Building Inspector instead of the Planning Commission and Council. Howard Schletty - Mr. Schletty felt that the $1 ,000 should be taken out. Mr. LaValle stated that a person that runs a 10 acre farm would not fall under this because they have to make a percentage of their incomes from the land to be exempt from obtaining a building permit. DECEMBER 17, 1974 /p�� 13:4D Jim Leroux - Elmcrest Avenue - Mr. Leroux stated that it was a small minority o.fi people that would fall under this classification and this is a hardship and far too restrictive. He suggested using a Nuisance Ordinance. Ken Tschida - From Grace Development - Mr. Tschida asked if Conservancy land could be used in clustered building. Mr. Dale stated yea. He said they have property in Section 30 which is extermely high and much of it would not be classified as Conservancey. He will bring in surveyor reports to prove it. He owns property in Section 29 and objected to baing classified by the time availability of the sewer. He said he is being grandfathered in with 10 acres of Agricultural and 17 acres of Conservancy and he wanted to know if he could build on it. Mr. Dale said yea. Mr. Tschida stated that he has a platted lot in SFE and wanted to know if it was a buildable lot. Attorney Johnson stated that existing parcels that can meet pera tests can be built on. Vern Peloquin - Forest Blvd. - Mr. Peloquin objected to being zoned Con- servancy on his homesite, and would like to be changed to Agricultural. Grace Axelson - 12317 Goodview Avenue - Mrs. Axelson has 40 Acres between 130th. and 132nd. which is zoned Conservancy and would like to be zoned Agricultural. They have a quite a bit of high land that they are now farming. Property adjacent is classified as RR 1 . Robert Waller - Homestead Avenue - Mr. Waller asked what they could expect after this meeting. Mr. Lease said the Council is going to ask people to come in that want changes and they will put a notice in the paper. Attorney Johnson suggested that the Public Hearing be continued at another time and not be terminated. Carl Dale suggested that the Council set a specific date to have the people come in a present themselves. Jim Leroux - Elmcrest Avenue - Mr. Leroux said that Conservancy is going to cause a lot of proplems and that a field team is going to be required, and large Conservancy changes should be done prior to adoption of the Ordinance. Hardwood Creek Land is all zoned Conservancy and this is a hardship for those that own land along Harwood Creek. Mr. Leroux objected to bing zoned Conservancy on his property along Hardwood Creek and would like it to be changed to Agricultural. He also didn't like the way a Special Use Permit is required. Joseph Marier - 145th. Street - Mr. Marier stated that he owns the Birch Vail Farm property and objected to being zoned Conservancy and would like to be zoned Agricultural. This property is just south of Oneka Lake Boulevard. Harley Johnson - Frenchman Road - Mr. Johnson stated that some districts were listed as GB. It was decided that GB's should be changed to CBs or RDs. Attorney Johnson stated that he had a discussion with Carl Dale and they would like to make the following suggestions: - To avoid confusion of people assuming tha.r"Permitted Special Uses: as being automatically permitted, the work permitted should be dropped. 226 - Page 23, Subd. I - No. (1 ) The number of persons is not a criteria and suggest deleting the number of people. - Page 42 - Planned Unit Development - "two acres or larger size" wording should be eliminated. - Institutional hous ing be allowed in any district. - Same plan requirements in Industrial also be established in RD & CB Districts. Attorney Johnson stated that parking lots, fencing, etc. requirements will be covered by other Ordinances. Smith asked Mr. Dale to reframe his statement about closing the meeting. Mr. Dale said to announce when the Council will act on the Ordinance and tell people that they can come before the Council at that time. David Nordhauser - 170th. Street - Mr. Nordhauser asked if you could come before the Council only in reference to your own property. He was told that he could come before the Council to discuss anything regarding the Ordinance. Bill Wunderlich - Mr. Wunderlich stated that he did not understand Lakeshore property. He said he is down for lakeshore property and doesn't own any lakeshore. He was told the lines are just to show that there are controls and it doesn't mean that it's lakeshore. Mr. Wunderlich wanted to go down on record that he wanted to have his lakeshore classification changed to Agricultural. Attorney Johnson explained that Lakeshore is not a district. Theodore Peltier asked if you could rezone Conservancy land to Agricultural if it is used as agricultural but is conservancy land? The answer was no. She then asked if instead of having a Conservancy Zone, could you have it controlled like lakeshore or food plain. The answer is yes. Thomas Crever - Ingersoll Avenue - Mr. Crever questioned the amount of dogs allowed in SFU and SFE - It says four or more domestic animals. Carl Dale said this was an error. Mr. Crever than asked Mr. Smith if this Ordinance would conflict with the proposed Dog Kennel Ordinance. He was told that this would have to be checked. Joe Marier - 145th. Street - Mr. Marier asked about restrictions in the Flood Plain areas. He was told this was controlled by Federal Laws and not by the laws of Hugo. Thomas Creager - Ingersoll Avenue - Mr. Creager felt that the City of Hugo should not adopt things that are proposed by an Agency. He was told that these were state regulations and not just proposed. Mayor Lease stated that persons who have objections should send them in writing to City Hall prior to December 30th. and the Council will act on them at the meeting of December 30th. The meeting was adjourned at 10:25 P.M. 1i_j File . Robert - . B -ard, Clerk City of Hugo