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HomeMy WebLinkAboutMay 28, 1974 , \ " .J ....- .// \ '- ../ ( ) , \ , / () ~ ) f7rvw Tvwnship PLANNING & ZONING AGENDA - May 28, 1974 - AT THE TOWN HALL 1. Byrd Norton - Sketch Plan 2. Ray Cook - Possible house moving - State Hospital house #1 or 14. 3. Michael Fern - Substandard lot - Red Oaks 4. Special Use Permit - Meadow Creek Baptist Church S. David Heidelberger - Variance 6. Al Parent - Variance - Substandard lot (Optional) 7. Final Horse Ordinance wI input from Attorney, if any 8. Mary Vanderlaan - Variance (Optional) 9. 10. 11. , ) ; \ /- , \ )\J f3rvw Tvwn~hip ( \ \,_J ,_ _J Minutes of the RBGULi.R SCHEDUL~D MEETING of the Grow Township Planning and Zoning Commission held May Le, 1~74 at the Grow rown ~omnunity Center. Attending were: Chairman Jaworski, Commission members Bush, Jack, Johnson, rUles, Hither and vander Laan. / Meeting was called to order by Chairman Jaworski at 7;40 p.m. It was moved by Johnson, seconded by Miles that the April 30, 1974 minutes be approved as read. Motion carried unanimously. Rither apologized to the Commission for his tardiness in prep- aring the report on building site criteria based on the Soils Limitations Map. He said he had merely overlooked it. Byrd Norton sketch plan was passed over until later in the meeting. He was not yet present. Chairman Jaworski asked' for discussion on the final Horse Ordinance with input from the Attorney. He stated that the Clerk's office has been in touch with Hawkins, that he has copies of the Ordinance and has not sent back any negative feelings on it. Chairman Jaworski said the Attorney indicated he will have completed his review of the Ordinance by the next meeting of the Grow Township Board of Supervisors. It was stated that a letter sent requesting the Attorney's comments on the Horse Ordinance indicated those comments were needed at the May 28, 1974 meeting of the Pl~nning Commission. Rither moved that we continue the Public Hearing on the Horse Ordinance until we get a reply from our Attorney. Seconded by Bush. Motion carried unanimously. \ . / Ray Cook presented pictures of properties adjoining the future location and of a house he plans to move from the State Hospital. to Tulip Street in Grow Township. Cook stated there already is another building on the property and that the house previously located there has been dismantled. The house is to be moved to a 20 acre site and a house moving firm will be bringing the structure to the area. It was pointed out that Ordinance #4 covers house moving procedures. Cook gave the first floor dimensions of the house as 31 ft. x 27ft. with an additional kitchen area 1 5.6ft x 16.8 ft. Vander Laan read from Ordinance #4 that a person seeking issuance of a permit shall file application for such permit with the Building Inspector and that those forms should be provided by the Building Inspec- tor and be on file in his office. Applicant stated he was unaware it was necessary for him to file application. Wally Arntzen and Chairman Jaworski both stated they had been using Section 4.11 of Ordinance #8 in advising the applicant of the proper course of action. Wally Arntzen said it should be taken into consideration that the house does not meet the square foot- age requirements for the area based on information given to him by the applicant. Cook was given a copy of Ordinance #4 and told to study it to see if he could meet most of the criteria. He stated the house has to be moved before the end of June. ,) , \ / ~ "~rvw Tvwn~hipJ I '\ \_J 'j Byrd Norton sketch plan was presented. The property he intends to develop is the SEf of the Nwf of Section 13 which is located two miles West of Highway 65 on Constance Blvd. There are 28.6 acres in the addition with proposed lots of 2t acres or more. Rither pointed out th2t based on a statement made by LeRoy \linner on October 26, 1971 the park land is approximately 4% high ground. I'Iiles noted that the park land area does not meet the 10% requirement. Vander Laan stated the Commission now requests a Soil and Capability Study done by the ASCS office to be presented with the preliminary plat. Jaworski observed that no cul-de-sac streets are permitted to be over 500 feet in length and the street on the plan is obviously over that length. Johnson felt there would be difficulty in placing a house on lot #4 because of the power easement. Discussion continued on proper placement of the road and rearrangement of the lots. Miles directed Norton to get a future subdivision of the property for the time that sewers and water will be avail- able. Norton was asked to return to LeRoy Winner in order to come up with an alternate plan that would be desirnble to everyone involved. .'- j/ Next item on the agenda was a Special Use Permit for Meadow Creek Baptist Church, 2937 Bunker Lake Blvd. N.W. for the purpose of enlarging the present church building to include space for a day nursery. Chairman Jaworski read from Ordinance 18, Sec. 7.03 that special use permits be granted in resident- ial districts for churches and day nurseries be in accrodance with the criteria as stated in Sec. 5.03 (B). Orville Jensen pre- sented the special use permit form and explained that the new addition would not interfere with any existing property boundaries. It was noted that letters had been sent to adjoining property owners Hand ~onstruction, School District JIl and ~~vrge ~dolph- son,and that Hr. Adolphson .:as present ~t tilt:: me~ting. Hither explained that because the church existed before the adoption of Ordinance '/8, there should be a charge of only J25.00 for this permit as it should be treated as an amended special use permit. Rither moved/that the Planning and Zoning Commission recommend to the Grow Township Board of Supervisors that an ammended special use permit be issued to the Meadow Creek Baptist Church at 2937 Bunker Lake Blvd. N.W. to allow the construction of an addition to their church facilitiesj Johnson seconded the motion. Motion carried unanimously. \ ) David Heidelberger appeared to request a variance to construct a home located in a General Business Zone. Applicant stated he wished to do truc~ maintenence on this site, and presently lives on the lot in a mobile home. He also stated he applied for the variance on our Attorney's recommendation. Applicant stated the lot is one acre, located in a General Business Zone. Chairman Jaworski asked if the variance was requested because he does not have frontage on a public road and if the property was a lot of record before the effective date of our Ordinance. ':.'ally Arntzen replied that the deed for the property was not recorded until June, 1973, but that Heidelberger had been paying on a eontract for Deed prior to this time. Applicant stated that the Contract had been executed seven or eight years ago. Wally , \ , ~ , ': .,,'1 '. f7rvw T vwn~hipj , '\ \.j " , j ,~j Arntzen supplied more background information; last fall Heidel- berger had applied for a Building Permit on the property and was turned down, and despite our Attorney's advice not to do so, had moved a mobile home on to the property. The TOi~ship then took action to get the mobile home removed, and Heidelberger had hired an attorney who had met with our legal counsel insisting that applicant should be permitted to build a home on the lot or live there in a mobile home because a Building Permit had been issued in April, 1968. Arntzen had a statement from the Asses- or indicating that in January of 1969 construction had not yet begun on the home. Heidelberger said he had started construction right after the Building Permit was issued. Arntzen said he had considered the Permit expired because according to State Building Code a Permit expires in 90 days unless the work con- templated is in actual progress. Arntzen also stated he had used Ordinance #8. Sec. 4.03 as a basis for deciding not to issue the new Permit, and the proper road frontage requirement had not been met. Bush read from Ordinance #8, Lot Provisions, stressing that the deed or Contract for Deed must be recorded with the Anoka County Register of Deeds. Commission noted applicant should be seeking multiple variances in that the prop- erty is not on a public right of way, was not a lot of record on accpetance of Ordinance #8, and that a rezoning request would be required to permit the building of a home in a General Bus- iness District. Applicable sections of Ordinance #8 would be Sec. 4.04 (A) and Sec. 7.01 General Business. Johnson noted a variance is granted on the hardship of the land and not the property owner. Rither read from Ordinance #8 Sec. 8.16 ex- plaining requirements for dwelling units in COII1.~ercial Districts; no detatched dwelling unit shall be permitted in Commercial Districts. Rither moved that the Planning and Zoning Com~iss- ion recommend to the Grow Township Board of Supervisors that the variance application of David Heidelberg be disapproved due to the fact that based on available data it does not appear that (1) subject lot is a lot of record, in accordance with Ordinance #8 qec. 4.04, Lot Provisions, (2) there is no public road front- age, till supJect area is zoned General Business, (4) according to Ordinance #8, Sec. 8.16, ppC, the proposed use does not conform. Miles seconded the motion. Hotion carried unanimously. \ , J Hichael Fern reouested a variance to be a llovled to move the C0mm- onlot line between Lots 2 and 3, of which he is the owner, on Partridge Street of Red Oaks Manor. Due to any error by the surveyors, his house is within five feet of the lot line and his septic tank is on the lot line. Applicant noted this had been before the Commission once before at the request of Jerry L TheIl but that he had now purchased lot #3 from TheIl. Keith Graham of Winner & Assoc. had appeared before the Planning Commission at that time concerning the matter. Rither directed Commission to consult the minutes from the July 8, 1973 meeting.. , .I / '. '~- / , '. , ) . \ ' ~ \. j '- J ~rvw Tvwn~hip \ .J It was determined by the Commission if Fern moves the stake fifteen feet between lots 2 and 3, the resulting square footage of lot #3 will be 13,478 sq. ft. "inor discussion continued. Rither questioned is a variance is the proper way to handle this situation. Miles moved that the Planning and Zoning Commission recommend to the Grow Township Board of Supervisors to grant the variance request of Michael Fern to move the lot ~ine between lots 2 and 3 of Red Oaks Manor citing as references the June 24, 197} minutes of the Planning and Zoning Commission. Bush seconded the motion. For: Miles, Bush, Johnson, Vander Laan Against: Rither Abstained: Jack The minutes of June 26, 197~~ndicate that Plannin4 and Zoning Commission has examined the situation and recommends that the variance be approved, that the criteria for granting of a var- iance appear to have been met in that "...by reason...of other physical conditions strict compliance with these requirements could cause an exceptional and undue hardship..." Ray Cook again appeared before the Commission and asked if he complied with all the requirements of Ordinance #4 would his permit be granted. Jaworski stated that it was of importance that the square footage requirement be met. It was recommended that Cook appear at an already scheduled meeting of the Planning Commission on June 6th. Miles made a motion that we table Ray Cook's request for a house moving permit until the next meeting of the Commission. Johnson seconded the motion. Further discussion: Rither noted that the house does not meet the square footage requirement for the zoning district. Chairman asked for the vote. Motion carried unanimously. ~l Parent appeared to request a variance in order to make two substandard lot from one lot on which he resides on Round Lake. Applicant presented a sketch of the property showing proposed lots and a letter from Dallas S. Felegy, Shoreland Zoning Administrator suggesting Parent apply to the County Board of Adjustment for a variance, because his proposed lots will not meet Shore land regulations with regard to lot size. Copies of the January 29, 1974 minutes of the Planninc Commission were distributed and Commission asked Parent what has changed since that time. Parent stated the Commission had been concerned about another driveway on a county road and about the disposal of sewage from the proposed structure. He indicated he had received a letter from the County conoerning the sewage disposal problem and another letter consenting to the construction of another driveway on County Road #9. He stated he had attempted to find minutes at the Grow Town Hall of the Public Hearings on the adoption of Ordinance #8 and it appears there are none. At that time, he indicated he had asked a question of the Town Board Chairman, Louis Appleby, regarding subdivision of lots not meeting criteria of the newly adopted Ordinance. He was told there would be variances for cases like his. Parent stated he , j , , / , ) (,J .. '\ r '\ . ) \ ) "(3rvw Tvwn~hip had not done like the others who had a monetury reason for registering their lots before the ordinance was passed; that he is merely trying to build a home for his wife and five children, and that he felt by splitting his lot the subdivision could go no farther as he has a church on one side and 400 acres of lake on the other. P"rent read from a letter from Dallas S. Felegy indicating he had reviewed Parent's proposed lot split and observed that the proposed lots would be consistent w~ththe intent of the Shorl~nd Ordinance as it relates to minimizing pollution potential. Johnson stated that according to the minutes of the January 29th, 1974 me~ing the ~ommission noted the following: (1) the parcel is located in an R-l Zone, (2) granting a variance would create two substandard lots (3) the applicant did not show sufficient cause to grant a variance on the basis of land characteristics l4) the integrity of Round Lake must be preserved (5) the awarness of the County concern for additional access points onto the county road. Johnson stated each one of these items still applies to the situation with the exception of the last item. Miles moved that the Planning and Zoning Commission recom~end to the Town Board of Supervisors to disapprove the variance request by Al Parent to split his lot using as a basis the same findings as the Commission found applicable at the January 29, 1974 meeting and quoted in our motion of January 31, 1974 to the Grow Township Board of Supervis- ors. Bush seconded the motion. Johnson requested we amend point (5) of the previous findings be changed to read "Grow Township Planning & Zoning Commission" rather than "County". Miles approved the amendment. No further discussion. Carried unanimous- ly. Rither introduced a resolution recommending the establishment of the thread of the Rum River as a municipal boundary between the proposed Village of Andover and the proposed Village of Ramsey. He explained this is a crucial point in the granting of the incorporations of the two communities and felt we should transmit the resolution to the Grow Township Board of Supervisors. Rither read from the resolution and moved that the resolution be adopted. Miles seconded the motion. Motion carried unanimously. Next item on the agenda was a variance requ~~t from Mary Vander Laan for a Building Permit on a ten acre building iScated at 1750-177th Avenue mi. She presented sketches of the property and chronological order of the events that led to the denial of a permit in March of 1974, and a letter from the Building Inspector pertaining to the situation. Applicant stated she was seeking a variance from Ord- inance #8 because of differences of opinions by Township Officials in the interpretation of the situation involving her property. She stated that 177th Avenue is not a public road but that in June, 1972 a Building Permit had been issued on a home now constructed on that road. In January, 1973 a survey was done on / the original 30 acre lot to sPlit it into three-ten acre lots and on July 24, 1973 another Building Permit had been issued to her on that road on one of the three ten acre lots. On that basis she sold her home on the center ten acre parcel, attending f , / .~ .1rvw T VWn~hip) \ '.J \ , , / '-' a ~losing of t~:at sale on August 15, 1973. She stated that a barn and a driveway have already been constructed on the prop- osed building site, but that the home was not constructed be- cause she did not get a favorable loan due to the tight money situation. Issuance of a new Building Permit on the site was denied, but the Building Inspector indicated a Permit expires within 90 days but is renewable within one year. Chairman Jaworski reud from Ordinance #8 that unless a lot is on a public right of way, no Permit will be issued and that he had made a mistake when examining the property and that he felt that since there were already two houses on the street and that since the road existed before the Ordinance, it was allowable. However, he stated he may have been wrong because now the Town- ship is holding Permits on roads thatthave not been accepted and he feels they are right. Arntzen explained this was an error on his part and that there is now a hardship on the site in that the applicant came in for a permit in good faith. Rither expressed concern that the barn was allowed to &0 up before tne nouse wnen th., OrdiH~Hce clearly statp.s that no accessory build- ing shall be constructed on a lot prior to the time of the construction of the principal building except by special use permit. Rither moved that the Planning and Zoning Commission recommend to the Grow Township Board of Supervisors the the variance request for Mary Vander Laan be approved, that due to the circumstances, the fact that the petitioner acted on the good faith of the Township Officials, and was ill-informed and that a Permit be issued for a single family structure at 1750 l77th Ave. NW, that the public officials who misinformed the petitioner be publicly reprimanded and that nbefuther Building Permits be issued on the road ant that the provisions of Ordinance #8, Sec. 4.04 be upheld. Miles suggested the cir- cumstances be added the the motion which caused the hardship. Those circumstances are: June I, 1972, a Building Permit WaS issued on 1700 177th Ave. NW, July 24, 1973, two Building Permits issued on 1750 177th Ave. NW; the permit was completed on the barn and the permit on the house was not utilized. At the time of reissuance of the Permit the township attorney recommended a denial. Miles seconded the original motion and Jaworski seconded the amendment. Vote taken on the amend- ment; For: Miles, Rither, Jack Abstain: Bush Vote was taken on the original motion: For: Miles, Rither Against: Jack Abstain: Bush Motion Carried. , J " / Newly appointed Chariman Miles requested members attend an Organizational Meeting on June, 4, 1974 at the Grow Town Community Center at 7:30. \ --' ) , \ ----j , " I ) / \ -' , ) : I \~rvw Tvwn~hip Another meeting was set for June 6, 1974 at 7:30 for discussion of the Comprehensive Plan with the Town Board of Supervisors. A motion was made by Vander Laan that the meeting be adjourned. Rither seconded the motion~ Motion carried unanimously. Meeting adjourned at 12:05. ~., , , G~()W T()WNStflJ> RESOLUTION RECO~lliNDING THE ESTABLISHMENT OF THE THREAD OF THE RUM RIVER AS THE MUNICIPAL BOUNDARY BETWEEN THE PROPOSED VILLAGE OF ANDOVER AND THE PROPOSED VILLAGE OF RAMSEY, ANOKA COUNTY, MINNESOTA. WHEREAS, the Township of Grow and the Township of Ramsey have made formal application to the Minnesota Municipal Commission for Incorporation as the Village of Andover and the Village of Ramsey, respectively, and; \vHEREAS, the Minnesota Municipal Commission has conducted Public Hearings on the aforementioned Incorporation petitions and has subsequently announced a Public Hearing for June 10, 1974 to take testimony regarding the establishment of the thread of the Rum River as the municipal boundary between the two communities, and; iVHEREAS, the Rum River is recognized as a natural barrier to the free and easy passage from one shore to the other and a distinct geographic demarcation line, and; WHEREAS, the existing town line boundary was established in 1847 by the United States Surveyor General and with respect to the locations of the Rum River and the Government Survey line, the river meanders southward back and forth across the town line creating at least four distinct "islands," and; I'mEREAS, two of these !'islands" are a part of Ramsey Township but are located on the east side of the thread of the Rum River, and two of these "islands" are a part of Gro\'l Township but located on the west side of the thread of the Rum River, and; vlliEREAS, it is obligatory that our communities devise the most economical and efficient systems possible for the delivery of the essential community services such as sanitary sewer and water, police and fire protection, and; WHEREAS, to leave the municipal boundary in its present configuration will result in costly future river crossings or cumbersome contract arrangements between the two communities while to eliminate unecessary river crossings will allow each community to achieve the goal of maximum economy and efficiency, and; iVHEREAS, at the present time there is no significant difference in the mill rates or bonded indebtedness, if any, of the two communities. ,- ."-. .~ NOW, THEREFORE, BE IT RESOLVED, by the Grow Township Planning and Zoning Commission, that the Grow Township Board of Supervisors should establish the thread of the Rum River as the municipal boundary between the proposed Village of Andover and the proposed Village of Ramsey. A' It was moved by COmmjSSiO~~per ~ and seconded by Commission membertl#A?V" 1!~-aJ that the foregoing Resolution be adopted and upon vot. ~ el.~n.g. ken. t~;v. .f. 011.. O.Win.~ v/J ii: voted aye: cUf( ~~{k~ '.~ /It.tu#!~~~ ~/ and the following voted naye: ~ ~ ~~)tZ?- ~&<-- Passed this 2$th day of May, 1974 Zoning ommlSSlon ./": 1// ../. '-~ H,:"JJ1/~/}/l1j "t.-/-----<12 It_ 1 , "0'..( t, L?,/t~>Lc.-- v lG..- ,;~7~/ Mary V~hder Laan, Clerk, Planning and Zoning Commission v ~ 1"_