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HomeMy WebLinkAboutJanuary 29, 1974 G~VW TVWNStilP Th"E REGULAR HEETIliG OF' THE GRm; To',mSHIP PLAHNIliG Arm zmm:G COEHISSIOil" iHLL BE HELD JAHUARY 29TH AT 7:30 P.I!. AT THE CROOXED LAKE SChOOL. u;s "'fTAt- ;'0,.,) i\. t..,{'P, oUA( - rr:. .~Ju T<:S'" - AJ OV, Bruce E. f~y variance request mobile home park. T: Jl. 2. John Abrahamson variance request to build on 5 acres with 312-foot frontage. Plus discussion on Ordinance 8, page 9 minimum requirements HI conflicts Hith page 5, 4.09 platting. ~ 3. ~ 4. Discussion on House ;;umbers possible resolution. Acceptance of preliminary draft of Horse Ordinance for Grow from 3teering COfu"ittee. ~5. RevieHal of neu ~oning form. ~ 6. Discussion on state snowmobile ordinances. Are they comprehensive enough for Grmf??? 7. A1 Parent variance reQuest single family dwelling Round Lake Boulevard and Round Lake. ~8. New business from Planning Co~~ission or floor. 9. Old business. Art iTa~or.:lki Grow Township, Planning & Zoning C01'lmisslon ~"\ i\ /" J--.J G~VW TVWNS~IP The regularly scheduled monthly meeting of the Grow Township Planning and Zoning Commission was held January 29, 1974 at Crooked Lake school. Chairman Art Jaworski called the meeting to order at 7:35 PM with Commission members Bush, Johnson, Miles, VanderLaan and Rither present. Newell absent. Chairman noted that agenda would be followed in order listed. Bruce Hay variance request. Not present. John Abrahamson variance request. Not present. Jaworski noted resolution which would require four inch, reflectorized house numbers. Eugene Evans, 15752 Xenia Ave. t~l stated that he was opposed to requirement for four inch house numbers, noting that everyone has their number on the mailbox. VnaderLaan noted that some mailboxes are not located in front of the house. Ralph Kishel, 3934 l73rd Lane NVI stated opposition to the four inch house number requirement. Commission discussed fire numbers and their use. Rither noted that fire numbers are no longer used now that the Township is using the house numbering system; that~this had been confirmed with Fire Chief Beckenbach of Anoka. Gary Sanford, 3910 Enchanted Drive ~~l stated that house numbers should be a necessity, reflectorized, but not four inches. Johnson asked if four inch letters were available. Commission noted that everyone in the audience (approximately 25 persons) indicated by a~show of hands that their property was in some manner marked with their respective house number. Rither stated that he agreed with the 8urpose of the requirement; that each home owner should for his own benefit mark his property in some fashion but expressed reservations regarding making it an ordinance requirement; if one person has to comply, then all should and how do you enforce it? Commission agreed that it is in the interests of the property owner to mark his house and it was also the property owner's choice to remain anonymous. It was moved by Rither, seconded by Miles, that the Planning and Zoning Commission recommend to the Grow Town- ship Board of Supervisors that residents be encouraged to place their house numbers on their mailboxes and homes in such manner as their properties may be readily identified. Motion carried. Unanimously. Chairman accepted draft of proposed horse ordinance. Commission reviewed zoning form, noting that it was acceptable. However, Commission agreed that all members of the Commission should receive copies of the applications. COffi~ission discussed snowmobile ordinance. Chairman distributed copies of 1973-74 Minnesota Snowmobile Safety Laws, Rules, and Regulations. Johnson asked if there had been any problems with snowmobiles. Jaworski stated that there were none that he had heard of. Leroy Clem, 3328 l73rd Ave Nfl asked to go on record as being opposed to any regulations other than adoption of the State law. Rither asked if there would be any January 29, 1974 Pc Two G~VW TVWNSIiIP I objection to restrictions on the machines and their operations in parks and park areas, particularly those parks where our children play, skate, slide? Clem stated that there should not be separate restrictions; we are the parks, we pay taxes to maintain them and we should be able to use them; we will have bikes, horses in those parks in the summer. Discussed Rum River trail noting that the trail is no doubt responsible for fewer complaints this year although the lack of snow was also cited. Miles asked if it should be necessary to draw up some regulations would those in the audience be willing to assist in the formulat~on of the ordinance? The response was yes. Mrs David Drevdahl, 3714 174th Ave NN asked if there would be an ordinance for bikes if there was one for snowmobiles? It was noted that bikes are regulated under the motor vehicle laws. Dale Baanrud, 3754 174th Ave WN, stated that if machines would be banned from the roads there would be no way to get to the trail. Rither pointed out the problem of those in the township who depend on agriculture for a living, particularly those who are sod farmers and:the damage that has occurred in one or two cases from someone irresponsibly using their machine and asked what would be the solution for those people. Dennis Wanless 3210 173rd Lane NN, stated that more money should be allocated for trails. Holasek stated that there should be some restrictions on speed on the streets to the effect that the speed limit for snowmobiles should not exceed that set for automobiles. Commission noted that representatives of the Snow Ghosts, Snow Champs, and Snow Cruisers were in the audience. Commission discussed enforcent, noting that it would be difficult; noted that the Township will be contracting with the county, 8 hours per day, $35,000; 7,653 people and approximately 34 square miles. Rither expressed hope that if regulations were passed there would be a minimum of that patrol time spent on snowmobile complaints of little conse- quence. It was moved by Jaworski that the Planning and Zoning Commission recommend to the Grow Township Board of Supervisors that the Minnesota Snowmobile Safety Laws, Rules and Regulations as amended, be adopted by reference. Motion Died for lack of a second. Eugene Olesen, ,Route 3, asked if it would be possible to have the clubs assist the law enforcement service. Commission noted that the Sheriff would have jurisdiction. Bruce B. Hay appeared before the Commission. Hay stated that he~was seeking a variance from the requirements of Ordinance #6, Mobile Home Parks. Hay stated that he would like to begin construction for up to 100 units in an underground sewage system; presented letter from Minnesota State Health Department (copy attached) stating that the Department has authority to allow such an activity figuring 150 gallons per unit, per day, times one hundred units represents 15,000 gallons of discharge. Jaworski read letter. Miles referred to Grow Township Soils Limitations Map and located property on said map (west shore of Round Lake to 7th Ave NVl. In response to questioning by Johnson, Hay stated that development would begin on higher ground, as close to 7th Ave WN as possible in order January 29, 1974 . 6e ThrL_ G~VW TVWNS~IP to keep road costs down; there is a total of approximately 114 acres and the proposed 100 units would use about twenty to thirty acres. ~tiles noted that based on the Soils Map, something less than forty acres falls within the classification that does not indicate severe limitations with regard to building. Commission reviewed Ordinance #$, Section 5.04, Variances and appeals. Miles stated that Ordinance #6 did not provide for a variance and therefore questioned the handling of the variance under Ordinance H8. Miles stated that after reading Ordinance #6, Section 5, X, he did not see how we could issue a variance without a variance section in it. Hay stated that the variance would enable him to start the mobile home park; the Metro Sewer Council - they lean heavily toward temporary set-ups which will have sewer in the near future; it is in good interests to get underway; If I was out another three miles or so I would not ask for it. Commission discussed variance section of Ordinance #$, noting section on Manufactured Housing, PUD. Rither request of Chairman to recess meeting for five minutes was granted. After recess, Miles said that this type underground system, this size, this close to Round Lake, would have an adverse effect on Round Lake; we don't really know when public sewer is coming and I don't know how we can allow it being aware of the delays. Rither stated that he felt the variance should be processed under terms of Ordinance #8, even though Ordinance 6 does not specifically set out~the provision for the variance; we can grant the benefit of a doubt and resolve the legal question before the Town Board takes action. Johnson stated that he agreed with Miles regarding the amount of sewage going into the ground. Hay noted that the Health department has jurisdiction. It was moved by VanderLaan, Seconded by Rither, that the Grow Township Planning and Zoning Commission recommend to the Grow Township Board of Supervisors that the application of Bruce Hay for a variance from the requirements of Ordinance #6, Section 5, X, in order to begin construction of a mobile home park be disapproved because of the danger of pollution of Round Lake; Ordinance 8, Section 6, Subparagraph 6.01, R-5 Manufactured Homes; that the reasons stated for requesting the variance do not have to do with the characteristics of the land as stipulated in Ordinance 8, Section 5.04, Variance and Appeals. Motion carried unanimously. Rither state~. that the reported policy of the sewer board to allow these types of development was in apparent contradiction to the policies stated in the Metro Council Physical Development Guide Plan. Hay stated that the Sewer Board likes to see interim measures - you can talk to Doughtery - they like to facilitate development. Miles noted that the Memo from the Health Department did not refer to Round Lake. John Abrahamson appeared before the Commission regarding a variance application. Abrahamson stated that the lot is a little over five acres, on Nightingale St mV, and the width at the front set-back line is 312 feet; that he was told by the Building Inspector that a variance would be necessary because the requirement is 330 feet. In response to questioning, Abrahamson stated that the lot could not be January 29, 1974 . age FOl...._ G~VW TVWNStllJ> enlarged due to ownership on one side and a road easement on the other. Commission noted Ordinance #8, Section 4.09, Platting and fact that figure should read 330 feet vice 300 feet in width; inconsistent with 6.02 Minimum Requirements; Commission to take necessary steps to amend 4.09. It was moved by Miles, seconded by Johnson to recommend to the Grow Township Board of Supervisors that the variance request of John Abrahamson to vary the lot width at the front set-back line from 330 feet to 312 feet be approved due to confusion existing in Ordinance #8, and due to the existing lot size which cannot be enlarged; there isa hardship due to the characteristics of the land in accordance with Ordinance #8, Section 5.04. Motion carried unanimously. Al Parent appeared before the Commission regarding a request for variance of lot size on property located at 15012 Round Lake Blvd Wfl. Parent stated that they bought the property thirteen years ago, before Ordinance was adopted and they are not running out of space; aware of 2t acres and 330 foot frontage requirement; understood they were put in some time ago to prevent high density development on large tracts; lot is 20 to 30 feet above the low water line area; property to the north is the Seventh Day Adventist Church; there is no plan for a rectory which was confirmed by the minister; depth of lot is entire distance to lake; how far does sewage travel and what are we trying to prevent? Chairman noted that we are trying to prevent high density development and ground water pollution as stated earlier. Parent noted requirement of set-backs and 50 foot separation of well and septic system. Holasek noted that the 50 foot separation is horizontal, there is also a 75 foot minimum depth. Miles noted that our soils are sandy which absorbs well but that it doesn't hold anything either. Discussed effects of high density development on water table; ground seepage of effluent; hydrostatic pressure resulting from a combination of wells and septic system; that this is discussed in the Sewer Feasibility Study for the Township; discussed ground water movement and the Soils Limitations Map. Parent stated that it was important to note the development nearby which amounts to very little; distance between property and church is some 300 feet or better; spoke to areas residents and no objections were received; property could be laid out in such a way that space would be available in the future in case [the septic system] would have to be re-done; property is approximately 3.35 acres. Miles noted that the property is in the R-l Zoning District and to grant the variance would be to create two substandard lots. Parent read letter from Dallas S. Felegy, Shoreland Zoning Administrator. Jaworski stated that he visited with Felegy on January 28, 1974 and Felegy stated that the Shore land Zoning requires one acre minimum but that a hardship would have to be shown; the letter could be taken either way. Rither noted Hall variance disapproval, south of subject property. Miles restated concern about creating two substandard lots. Parent stated that the conditions could be the same on two twenty acre lots with respect to the location of the septic systems. January 29, 1974 1 .;e Fi VL G~VW TVWNSIiIP Commission noted that the important difference is the density. In response to questioning, Parent stated that the County h~d voiced no opposition to adding another driveway to county road #9. Commission noted that in the past the County was somewhat concerned in that regard. Johnson noted that Parent felt that there is a hardship with the land and agreed that maybe a hardship does exist as a property owner in that the family has outgrown the house that is there but asked how is it a hardship with the land? Rither read Ordinance #8, Section 5.04 Variance and Appeals. Johnson asked Parent to state what hardships exist with the land to grant the variance; that he could see a personal hardship but not any hardship : regarding the land. Parent stated that the reason is the size of the lot. VanderLaan noted the case of the Strand variance and expressed the feeling that it could be precedent setting and through successive lot splits create high density develop- ment. Jaworski noted case of Born variance with a high degree of personal hardship but no basis for granting the variance on the basis of land characteristic. Commission noted that the requirements of the Ordinance must be the criteria. Johnson stated that he understood Parent's predicament and wished he could tell him to go ahead but the Ordinance must be followed; we must try to preserve Round Lake; if there is a solution to your particular problem it would be to urge you to put on an addition. Miles and VanderLaan expressed similar thoughts, noting that the criteria of Ordinance #8 must be met. It was moved by Miles, seconded by Bush, to recommend to the Grow Township Board of Supervisors that the request of Al Parent for a variance of lot size at 15012 Round Lake Blvd Wfl be disapproved due to the following: (1) hardship due to characteristics of land was not shown; (2) possible adverse effect on adjacent land from'the additional septic system; and (3) addition of access point to County Road #9. Motion carried unanimously. Chairman read letter from Anoka County Health Department regarding proposed County Ordinance for Septic Systems with local administration. Commission noted that letter requested comments to be submitted by January 29, 1974. Commission noted that letter was directed to Town Board, therefore it was not necessary for the Commission to respond. It was moved by Miles, seconded by Johnson, that the minutes of the November 27, 1973 meeting be approved as corrected. Motion carried unanimously. Moved by Johnson, seconded by VanderLaan to adjourn. Meeting adjourned 11:20 PM. s~ Clerk, Planning arid Zoning Commission G~VW TVWNS~IP January 31, 1974 TO: FROM: SUBJECT: GROW TOWNSHIP BOARD OF SUPERVISORS GROW TOWNSHIP PLANNING AND ZONING COMMISSION FOUR INCH, REFLECTORIZED, HOUSE NUMBERS Gentlemen: At a meeting held January 29, 1974, the Commission discussed the proposed resolution to require four inch, reflectorized, house numbers within the Township of Grow. The Com~ission notes the following observations regarding the proposal: 1. Citizens attending the meeting voiced opposition to the proposal. 2. Grow Township has adopted the Metropolitan house and street numbering system. 3. It is in the best of interests of each property owner to identify his property but it is also the property owner's choice to remain anonymous. 4. All residents would have to comply with the requirement which involves an enforcement problem. It was moved by Rither, seconded by Miles, that the Planning and Zoning Com~ission recom~end to the Grow Township Board of Supervisors that residents be encouraged to place their house numbers on their mailboxes and homes in such manner as their properties may be readily identified. Motion carried unanimously. Art Jaworski, Chairman, Planning and Zoning Commission G~VW TVWNStflP TO: FROM: SUBJECT: January 31, 1974 GROW TOVfNSHIP BOARD OF SUPERVISORS GROVl TOWNSHIP PLANNING AND ZONING COMMISSION VARIANCE APPLICATION - BRUCE B. HAY Gentlemen: At a meeting of the Commission held January 29, 1974, Bruce B. Hay appeared regarding an application for variance from the requirements of Ordinance #6, Section 5, X, which states: All mobile home parks must be serviced by a municipal sewage system. No permits will be issued until municipal sewage service is available. 1. Applicant stated that he would like to begin construction for up to one-hundred (100) units in an underground system on an area of from twenty (20) to thirty (30) acres. 2. Hay presented letter from Minnesota State Health Department stating that the Department has authority to allow such activity figuring 150 gallons per unit per day times one hundred units which represents 15,000 gallons of discharge. 3. Hay stated that the variance would enable him to start the mobile home park; that the Metro Sewer Council leans heavily towards temporary set-ups which will have sewer in the near future; that it is in the good interests to get under- way. Commission notes the following: 1. The type and size of the system and the proximity to Round Lake would have an adverse effect on Round Lake. 2. Community does not know when sanitary sewer will be available to the area. 3. Commission recognizes that Ordinance #6 does not contain a provision for granting a variance. However, in the absence of counsel, Commission proceeded to process the application under the provisions of Ordinance #8, Section 5.04, Variances and Appeals, and applied the criteria as stated. It was moved by VanderLaan, seconded by Rither, that the Grow Township Planning and Zoning Commission recommend to the Grow Township Board of Supervisors that the application of Bruce Hay for a variance from the requirements of Ordinance #6, Section 5, x, in order to begin construction of a mobile home VARIANCE - .DCE Ht. JANUARY 31, 1974 park be disapproved because of the danger of pollution of Round Lake; Ordinance 8, Section 6, Subparagraph 6.01, R-5 ~~nufactured Homes; that the reasons stated for requesting the variance do not have to do with the character- istics of the land as stipulated in Ordinance 8, Section 5.04, Variance and Appeals. Motion carried unanimously. Art Jaworksi, Chairman, Planning and Zoning Commisslon G~VW TVWNSIiIP January 31, 1974 TO: FROM: SUBJECT: GROW TOWNSHIP BOARD OF SUPERVISORS GROW TOWNSHIP PLANNING AND ZONING COMMISSION VARIANCE OF LOT VlIDTH - JOHN ABRAHAMSON Gentlemen: Applicant appeared before the Commission at a meeting held January 29, 1974, and stated the following: 1. Subject parcel is a little over five acres. 2. Width at the front set-back line is 312 feet where 330 feet is required. 3. Width at front set-back line cannot be increased due to ownership of land on one side by another party and provision of a road easement along the opposite side lot line. It was moved by Miles, seconded by Johnson to recommend to the Grow Township Board of Supervisors that the variance request of John Abrahamson to vary the lot width at the front set-back line from 330 feet to 312 feet be approved due to confusion existing in Ordinance #8, and due to the existing lot size which cannot be enlarged; there is a hardship due to the characteristics of the land in accordance with Ordinance #8, Section 5.04. Motion carried unanimously. Art Ja.'orski, Chairman, Planning and Zoning Commission '. ) \ / -:?j;~~~~~:',~:~~~~ '\ J \ ) S-('.'.:....72 0;:: M~r\1r'.::.::sc-t.:.... DEPARTMENT 0;;' r;C::AL-~-H , 717 CZ:"AVJARZ 5.-^~:;7 ::i.::. ~\-~:;;\NEA?O!...:S 55.c"c:O ~~uary 23~ 1974 I'.':::". Br~cc Hay 4550 C~ntral Avc~ue N.E. ~i~~e~po1is, Mir~~esoca 55421 :Dear TI,liv. ...'..... . F.ay: This is to confi:~~ infor~ation given to YOQ by ~r. ~obe~t L~shbrock L~ a telephone cccvcrsation on J8r.uary 24, 1974. / The Mi~1csota D8p8.rtj~c~t ci' ::e8.1 ~~ ..;..,;-,; CU~'I'2n tly r2.s:pc~s:.. ')~8 for the review and approval of pl~~s &~d z}ecifications cGve=i~3 sc~')tic tan:'..: soil abso:;:,pt::'O!l ty:.:,e SCVi8.SG t:-82.tr;le::lt and. C.i8l?O~8.l systems which serve establisr~cents lice~s8d by ~his De~a~~~e~t. ~Dis aut~o~ity is granted th~o~3h a~ ab~ee~Gn~ vdth t~e 1~r~~~sot~ ?ollution Co~trol Agency. Our design criteria l~~itG the use o~ soil absorption disposal syster:ls to a daily sewage flow of 15, oeo g~llons or less. In the case of mobile hOLle ,arkz, it is l1.ecessa:.--y -c;~"'C a prospective licensee SE:c-~re loc2.1 zo:::..nG pcr--::.ission ==0:::' \'.::-:2.~evc::: gover~ental subdivision ~~S autho~ity ~d ~cspo~sibility for zoning in the area where the proposeQ ,ar~ is to be locateQ. If you r~ve any questions conce~1in~ this matter~ please comm~1icate with us. You:cs very truly, . /~</~ 1/ . __gd,o~<,/o?, - . ~I .......-;' ~ .,"" /.,.. " ,.-- /" \",./'; ~- '\... I ...:------'---~'~ C. B. ~cl~~eiaer, Section Chief Hotels, Resorts & Restau~~~s G~VW TVWNS~IP January 31, 1974 TO: GROW TOWNSHIP BOARD OF SUPERVISORS GROW TOWNSHIP PLANNING AND ZONING COr~~ISSION VARIANCE OF LOT SIZE - AL PARENT FROM: SUBJECT: Gentlemen: Applicant appeared before the Commission at a meeting held January 29, 1974 and stated the following: 1. Subject parcel is located at l5012 Round Lake Blvd. MN. 2. Parcel contains approximately 3.35 acres as determined by survey. 3. Applicant desires to create two lots in order to erect new home oh one of.t~ecnewly..created. lots. 4. Applicant stated that the home presently on the property, in which he resides, is no longer of sufficient size for the needs of his family. 5. Parent noted the lack of development in the area; that residents had been contacted and no objections were raised. Commission notes the following: 1. Parcel is located in the R-1 Zoning District. 2. Granting the variance would create two substandard lots. 3. Applicant did not show sufficient cause to grant the variance on the basis of land characteristics. 4. The integrity of Round Lake should be preserved. 5. Awareness of County concern with additional access points onto County roads. It was moved by Miles, seconded by Bush, to recommend to the Grow Township Board of Supervisors that the request of Al Parent for a variance of lot size at 15012 Round Lake Blvd tnv be disapproved due to the following: (1) hardship due to characteristics of land was not shown; (2) possible adverse effect on adjacent land from the additonal septic system; and (3) addition of access point to County Road #9. Motion carried unanimously. Art Jaworskl, Chairman, Plannlng and Zonlng Commission