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Home My WebLink AboutSP June 13, 1974 ~" " r-~ - '. ,. ~ '-.../ ~,'.- ~ ~ . .,C.:"<iI' «3.-v w Tvwn~hip ," ,~ '- Minutes of a PRIORITIES MEETING held June 13, 1974 at the Grow Town Community Center. Present Ch irman Schneider, Supervisors Christenson, Holasek and Mr. and Mrs. Al Parent J:d others. Chairman Sc' neider called the meeting to order àt 8:45 p.m. The first ~tem on the agenda was the tabled Variance of Mr. and Mrs. Al Parent. General dispussion on the Variance request insued for thirty-five (35) minutes. Chairman scrneider noted that he has mixed emotions on this situation and noted this is the type of thing a Variance is for and if we cannot allow the Parent's to build a ome, after splitting their lot, there is something wrong with the whole set-u . Supervisor olasek noted he has searched his minutes, searched the Ordinances to try to find some criteria to allow this, but has to agree with the letter received from Attorn y Hawkins, June 13, 1974 that we would be setting a dangerous presidence. (A copy of the Attorney's letter is attached to these minutes as Item I.) Supervisor Holasek alsb noted that we could undoubtedly expect one or more law suits from previous apþlicants for this type of Vairance. Mr. Parent noted this was a unique situation, ) a church next door, 2) a road in front, 3) no room for development to the sout and four hundred (400) acres of lake behind. Mr. Parent also noted that the An ka County Shore land Zoning Ordinance would not stop him from doing .,,--, this thing. ,,_/ Chairman Sc neider asked Planni~g and Zoning Chairman, Allan Miles how he stood on this. Mr. iles stated he backed the Planning and Zoning recommendation one- hundred per cent (100%) and alluded to the fact that the presidence could have a tremendous ffect. ( A copy of the Planning and Zoning minutes and recommendations will be att ched permanently to these minutes as Item II.) Chairman Sc neider asked former Planning and Zoning Cpairman Art Jaworski what , 1 his positio on this would be. Mr. Jaworski noted that as Chairman, this item had come be ore him three (3) times, once as a sketch plan and twice as a Variance request. J worski noted he had made comments about this split and was told by the i Planning an Zoning Members that his comments were not keeping with the Ordinance. Mr. Jaworsk stated he did not have to vote on it as Chairman of Planning and I Zoning and ould not care to comment On it now and would like to retain his identy as Clerk on this issue. I Supervisor'" Holasek's comments were quoted earlier in these minutes. I ; Chairman Sc neider asked Supervisor Christenson what his feeling's were on this I Variance is ue. Supervisor Christenson noted this item was tabled because the I Board had a ked the Attorney the night of June 11, 1974 for written comments and I nOw that we have these comments in hand, we have no choice but to deny. Supervisor Christenson noted he felt very strongly about this also, but felt at this time, we I could not 1 t go. feelings could not enter into it. personal ,,~, " ~: - ~ ~, ~ '-- '-...- . , . , Minutes - une 13, 1974 --~- Page 2 ,~ Chairman slhneider asked how allowing this Variance could harm anyone? Allan Miles expl ined; It would be far better for the Township if we did not allow this I Vatiance t, pass. Supervisor Holasek moved to deny the Variance request based on the recomŒedation handed do by the Planning and Zoning Commission and alluded to the letter from Attorney a wkins. Second by Supervisor Christenson, Chairman Schneider abstained. Carried. ariance request denied. The Board iscussed different ways to utilize the lot situation with Mr. and Mrs. Al Parent for five minutes. At this point Mr. and Mrs. Parent left. I Orrin Fric~e of Consulting Engineers Diversified quizzed the Board on their dissatifac~ion with CED. Chairman Schneider left the room for a short attendance at the Par /Advisory Board Meeting being held in the Auditoriuœ. Supervisor Holasek ba ked up and reviewed projects handled by CED during the past year. Supervisor Christenson noted that all three BOard Members for different reasons had a lack of confidence in Consulting Engineers Diversified. Not personally in Orrin Ficke, Larry Koshak, Dick Sha or Mr. Caswell, but in the way the Company has acted. Supervisors Holasek and Christenson both felt that if a 300~ cost overrun ca e in on sewer, the Township would be bankrupt and they are not willing to take th s chanAe. At this ti e Chairman Schneider appeared and noted he had directed Attorney Hawkins ,r--. to draw up letter of termination for CED, a unanimous decision of the Board, '-----'~ June 10, 19 4. Clerk Jaworski had received a copy in the mail this day, June 13, 1974. Orri Fricke thanked the Board for listening and left. Chairman neider noted another Firm Comstock and Davis of Blaine had expressed interest serving Grow with Engineering. Chairman Sc neider noted of those interviewed, Toltz, King, Duvall, Anderson and Associates Shoell and Madson were his top two choices. Supervisor Christenson felt the sa but had to put TKDA a little above, because of theft larger size, more resour and some personal checking he has done. Supervisor olasek who has spent two days in the hospital, felt he was not as prepared as he could be because of illiness, but agteed and suggested we try one on a projeC , the other one another project, then decide on a longer term contract. The Board c ncurred and Cbairman Schneider will call Dewey Kasma of TKDA to come out and sta t off by going over the Stenquist road problem. his fðtJÁI Chairman Sc neider felt that Stenquist would not have to bring uP4to current standards a d had told him so. Supervisor Holasek disagreed and noted the minutes will bear 0 t the policy that those who started roads, but did not finish are all obligated t bring roads up to current standards before building permits shall be allowed. S pervisor Christenson concurred, but noted a bond could be posted on the roads t free up building permits. Chairman Sc neider got a call on a trailer house being moved in east of St.Patrick's ,'"\ Church on C unty Road 158. The Board directed Clerk Jaworski to notify Building I , , , Inspector A ntzen the morning of June 14, 1974 and have Arntzen check immediately. The Board d 'rected the Clerk Jaworski to draft a letter to Al Parent, encouraging him to searÅh the Ordinances and get sound advice on Ordinances if necessary and contact an l.torney before moving further on his lot expansion or whatever. [' .. ... , " . """',u - ... 13. 1974 ' . ... ~ Page 3 I ~ ,.. ..... ¡il'"'' .....,. ,... i7. i974 ., 8,00 p.m. ,. '..i.. 'iSh'... (i8) sets of mi utes from May 29 to June 13, 1974. The Board ill meet June 17, 1974 at 9:00 p.m. with Building Inspector Arntzen, Dewey Kas:r of TKDA. Attorney Hawkins will also be needed at 9:00 p.m. Chairman S hneider entertained a moition to adjourn; moved by Supervisor Christensot; Second by Supervisor Holasek. Unanimously. Meeting adjourned at 11:07 p.m. ,-------., '--/ Art Jawors i, Township Clerk 10 \ J -j ¡ ~ /"", ,.-~ - <~ '--- ~, , - 1 , ' BABCOCK. LOCHER. NEILSON & MANNELLA '~ ATTORNIU'S AT LAW I U. .AIIT MAIN .TaBIET ANOKA. MINNBSOTA G1S3~3 EDMUND ~ DAD-OCR TEL. 421-S1Gl LANDOL J. LOCH n AREA CODE 012 JAMES ).(. NElL~ON FELIX A. MANNELLA JOHN R. SPEAKF RICUARD BEEN ROBERT F. MANfLLA JOliN M.. BURR]] . WILLIAM G. HAWKINS RONALD B. PETElRBON JAN D. llALV""tN June 12, '974 Richard slhneider 1343 Andoter Boulevard N.W. . Anoka, Mi nesota 55303 ,chneider: . Dear Mr. At the me ting on June 11, 1974, the Town Board requested a legal ] ,~ opinion c ncerning the application of Mr. Al Parent for variance I 0 from the' rovisions of our Platting and Zoning Ordinance. It is my unders anding that Mr. Parent wishes to divide an existing lot he I owns on R und Lake by a metes and bounds description into two parcels which are substandard in size according to our zoning ordinance. I Therefore Mr. Parent would have to be granted a variance not only from Sect on7.01 prohibiting conveyance of land by metes and bounds if the ar a is less than five acres and 300 feet in width, but also from Sect on 6.02 of Ordinance No. B which requires a minimum lot size in a R-l district of 2J:! acres. The provi ion in regard to variances'is found under Section 5.04 of I Ordinance No. B and is essentially the same provision in Ordinance I No. 10. t states: 'Where there are practical difficulties or unnecessary I I ardships in any way of carrying out the strict letter I f the provisions of this ordinance an appeal may be ade and a variance granted. The hardships or difficulties ust have to do with the characteristics of, the land and ot the property.owner." Therefore according ,to the ordinance if the land owner must undergo I a hardshi because of the characteristics of the land, a variance.can ! ¡ be grante . Under Subdivision 4 of this Section, the Ordinance makes reference to a possible definition of characteristics of the land. (\ It states that the hardship must be related to the, shape or the \,J condition of the parcel in question. I ~ ,~, r -' '-.' ~' . , ..'~;.; ',//':; / ')"..,( " .{ ~ I Therefore, if the Town Board feels that the facts presented by the appli ant indicatea'hardship due to the characteristics of j the land, i.e. shape or condition of the lot, the variance could 1 be grentej' Bowever, if the herd,hip or diffinulny hee no reletion i' to thela d ,and relates only to the personal problems of the " applicant, the ordinance does not allow the granting of a variance. i i i In summar I' I would remind the Town Board that in granting variances, 1 re-zonings¡, ,or special use permits under any Township ordinance, the ¡ Ie. impO'"len obligation on the Town,hip to treet ,unh regne,t, ¡ uniformly in absence of unique circumstances peculiar to a ~art~cularsitu~tion. Whatever t~e Board's decision i~ ont~i~ matter, I ~' , ~tw~ll be sett~ng a precedent wh~ch must be followed ~n dec~d~ng ¡ future var' ancerequests.· , 1,' Should anylmemb~r of the Town Board have any further questions 1 regarding his matter, please feel free to contact me. " I . ! Sincerely, r W Y1.J!J.+b»J~ I I ,~ U William G. Hawkins ; I WGHjO ° ; , .JJ i cc: Marvi Christenson Winsl wHolasek, ArtJJ Jaworski .. ",; I Î', I \, / - ',0 I ,~::zt- ,--..., ..~, r--- , '\.... -> <bU"€DW 1f Q)WITDSS[)wÔlJD ~, , "-.-/ June 6, 1974 TO :GRO\í > œQ<¡íNSHIP BOARD OF SUPERVISORS FROM, GROt .OWNS,"PPLANNING AND ZONINO COMMISSION SUBJBCT: eRIANCE REQUEST - AL PARE~TT At a meeti g of the Commission held May 28, 1974, Al ?arent appeared r~garding application for a variance in order to subdivide his present lot on Round LaJte into two substandard , lots. l' It was mov d by Miles, seconded by Bush and amended by Johnson that the v~riance request be disa~Droved using as a basis the findings.a~ the Oommission noted and found applicable at the January 29\ 1974 meeting of the Co~aission and quoted in our motion of ðanuary 31, 1974 õO the Board of Supervisors. Those findings a¡e: (1) the parcel is located in an R-l Zone, (2) grG.nting a variance would create t,ro substandard lots, (3) the applic,,-mt 'id not show sufficient cau.se to grant a'variance on the b~sis øf land characteristics (4) the integrity of Round Lake must ~e preserved, (5) the awarness of the County concern ~ for additi nal access points onto the cOUllty road. Johnson '-----J requested ~e amend, point (5) 'of previous findings be changed 'to re",d ,"Grolf Township Planning & Zoning Co~aission" rather \ than "Coun,y". Motion car ied wlanimoua1y. Planning and Zoning Commission I (\, I ,