HomeMy WebLinkAboutJuly 31, 1973
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Tho cohcdulod. no..--t1ns or tho Cro:f To:m:ili1p P.l.nn"l1ns Mr1 Zonl.'1g Co:rJ.calon
uUl r.:cct at r..:r.> P.71. Ql July :31, 1~'7J at tho Croo<;EXl !.o.I:o tchool.
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(1) Continued ?Jb11o l!rorlnz Y1jo::tlrc.rr: Ihle Jo.nc:J 1:ocn.
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(5) J:1clnol J. Fem Roo (bJ:o I:a.nor, \'O.rlo.."100 lot oplit. !to d1l3cu:mod.
at lost pla.:ml11(; c..'1d con1f1G nootlna.
(61 Dun1:cr la.!:o fbto.tco. f1noJ. pla.t.
(7) I:o.yton n. con..,"Cr. propooed :rezoning, Ito:.s d1ocu:lZlo1 o.t tho en1 of
r::cotl;'1 on cc:op.rChCMlvo plnn to toun boa.rd of ou~!Da:ro.
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GJ."O'd TO'"~'11p r1l'.lmlJ1ti o.nd Zoning C<:rT" 0::3100
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Page One
July 31, 1973
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The regularly scheduled monthly meeting of the Grow
Township Planning and Zoning Commission was held July 31, 1973
at Crooked Lake school. Acting Chairman Allan Miles called the
meeting to order at 7:35 PM with Commission members Johnson,
Newell, Rither, and VanderLaan present. Miles noted that Chairman
Jaworski was out of town and that Moen had resigned from the
Commission. On a motion by Newell, seconded by VanderLaan, the
minutes of the June 26, 1973 meeting were approved as submitted.
Chairman Miles called for a representative of preliminary
plat, Njordmark Dale. James Moen, owner, stated that his surveyor
would not arrive until 8:00 PM and requested to be passed over.
Chairman Miles called for Harvey Hanson regarding a
relocated structure. Hanson appeared and stated that the house
proposed to be moved into the township had been sold, moved into
another community, and therefore would not need to obtain a permit.
Hanson stated that in the future it may be necessary to obtain a
house moving permit from Grow. Rither suggested that Hanson obtain
copies of Ordinance #4, House Moving Ordinance, and Ordinance #8,
Zoning Regulations Ordinance, which contains a section on relocated
structures.
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Chairman called for Dave Lexcen regarding a Variance
application for a 2t acre lot located on Ward Lake Drive NW.
Subject lot does not meet the minimum front footage requirement.
Chairman read letter, dated July 19, 1973, sent to Mr. Thomas
Rowland, by Art Jaworski, Planning and Zoning Commission Chairman.
Subject Letter is a part of these minutes. In response to questioning
by Newell, Lexcen stated that the lot in question was, according to
the abstract, conveyed after the adoetion of the platting and
subdividing ordinance [Ordinance #10J. Rither noted that the parcel
is located in the R-1 Zoning District and that there were two
issues, namely; a lot had been conveyed by metes and bounds description;
Subject lot was less than five acres in area which constituted a
violation of Ordinance #10, and that the Commission must make a
recommendation to the Town Board regarding the Lexcen variance
application because the illegally conveyed lot did not meet the
minimum requirements of Ordinance #8. Commission reviewed Ordinance
#8, Section 5.04, Variances and Appeals. Newell stated that no
hardship could be found in that the Ordinances were in effect prior
to the time the lot was conveyed and that the seller should have
been aware of all applicable laws governing the conveyance of land.
Chairman suggested that perhaps the Commission recommendation should
be contingent upon what the Town Board does with the violation of
Ordinance #10. Commission noted that the recommendation must be
based upon the criteria as spelled out in Ordinance #8. It was
moved by Newell, seconded by VanderLaan, that the VAriance
application of David R. Lexcen be disapproved due to violation of
Ordinance #10, paragraph 7.01; Ordinance #8, paragraph 6.02, lot
width at front set-back line for R-1 Zoning District; lot became of
record after the effective dates of the respective Ordinances.
Motion carried unanimously.
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July 31, 1973
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Chairman called for Robert L. Pears regarding an
application for a Special Use Permit to sell new and used auto
parts at the West 500 feet of Lot I, Watts Garden Acres, on Bunker
Lake Blvd. Pears appeared and presented literature describing and
depicting the building he proposes to erect on the property and
stated that the business would be contained within the structure.
Commission noted that subject area is zoned General Business;
that the use presently exists as a non-conforming use and that the
proposal reprents an intensification and therefore requires a
Special Use Permit. Commission reviewed Ordinance #$, Section 5.03,
Special (Conditional)Uses, noting particularly the criteria to be
used in arriving at a recommendation. VanderLaan noted that
aesthetically, the proposal would perhaps improve the appearance
of the area rather than detract from it. Newell noted that the
area is suitable for the proposed use in that the use and others
similar to it presently exist and would appear not to be destructive
or have an adverse effect on adjoining properties. Pears stated
that he anticipated no great amount of traffic as a result of his
proposal. Commission noted that while the present use of the
property is not preferred, the day will come, as stated in the
Comprehensive Plan for the South Area, when the use will cease
due to the increased value of the land. It was moved by Johnson,
seconded by Newell, that the Planning and Zoning Commission
recommend to the Grow Township Board of Supervisors that a Special
Use Permit be issued to permit the selling of new and used auto parts
at a location described as the West 500 feet of Lot I, Watts Garden
Acres, as applied for by Robert L. Pears. Motion carried unanimously.
Chairman called for the continuance of the Public Hearing
of the Preliminary Plat, Njordmark Dale. Rither stated that he had
received information from CED regarding the plat; based on the
June 21, 1973 CED reviewal report, Town Engineer Orren Fricke
suggests that; (1) Lot area should be a total of 39,000 square
feet in accordance with Ordinance #10, 9.06a(2), Items 2 and 3
have been revised satisfactorily, (4) acceptable if Lot 5, Block 1
and Lots 1 and 3, Block 2 changes to 905 elevation, and item 5 is
satisfactory. Graham noted that item four had been revised to
905 elevation. Miles noted that the items contained in the Commission
report to the Town Board had been revised satisfactorily except for
item six, the omission of lot pairing of lots 9 and 10 in Block 1.
Commission discussed Ordinance #10, 9.06a(2). Johnson stated that
he preferred the lots the way they appear on the preliminary plat and
expressed the hope that a way could be found to legally tie them
together. Graham stated that the way they are laid out now would
save the township administrative expense later on, when variances
would have to be granted. Rither stated that that would not have
to be a consideration, that the way things are now, the variance
application could come from anyone.who had purchased the lots.
Newell stated that he did not like that possibility and cited the
example of Lexcen who had previously appeared before the Commission.
Rither referred to Ordinance #$, section 3.02, Definitions, paragraph
(RR) noting that lot area is the area of a lot in a horizontal plane
bounded by the lot lines and within that definition the proposed lots
did not contain the required 39,000 square feet. Newell noted that
with the exception of definition of the park in Block 2, lots 7 and 8,
and cash settlement, and omitted definition of buildable lot in
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Block 1, lots 9 and 10 which appears to be a clerical error,
adequate definition of buildable lots is made. Miles queried
the Commission regarding a recommendation of either land dedication
or cash payment. VanderLaan stated that she had talked informally
with one of the Park Board members who indicated that a cash donation
would be preferred. Rither noted that the question had been discussed
at the June 26 meeting, that Moen indicated it would be acceptable
to forego the land dedication and provide the cash payment.
Johnson asked what the Commission was going to do to resolve the
lot size requirements, noting that it appears that we had approved
something similar to it in the past. Rither noted that the plats
so approved were those coming in under the so-called "grandfather
clause" consequently the Ordinance did not apply. Graham stated
that he did not agree with the requirement, that the parcel did
not lend itself to any other layout. Miles noted that in the future
there could be problems with obtaining a building permit from the
building inspector because thellots would be inadequate in size.
Rither noted that according to the Ordinance #8 definition of a lot
and the statement in Ordinance #10 regarding the 39,000 square feet
a building probably could not be issued. Graham stated that they
would provide a certificate of survey. Commission noted that the
certificate would describe a lot and not lots. Graham stated that
they would check the situation out prior to the meeting on August 14,
in hopes of coming up with an alternative. Miles stressed the
importance of being sure that building permits could be obtained.
It was moved by Newell, seconded by Johnson, to recommend to the
Board of Supervisors that the preliminary plat, Njordmark Dale, of
James Moen, be approved provided the following discrepancies are
eliminated: (1) Pairing for building sites of Lots 9 and 10,
Block l,'be added, and (2) proposed park land area be disregarded
in favor of cash settlement in accordance with Ordinance #10, 9.07.
During the discussion, Johnson stated that there should be some
assurances that lots will be buildable. Rither stated that the plat
should be brought into conformance with Ordinance #8, 3.02(RR) and
Ordinance #10, 9.06a(2). For: Johnson, Newell, VanderLaan.
Against: Rither. Motion carried.
Page Three
July 31, 1973
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Miles announced a series of meetings:
August 7 - 7:30PM Comprehensive Plan
August 7 - 8:00PM Public Meeting - Sewer
August 9 - 8;00PM Storm Sewer - Green Acres
August 14 - 8:00PM Board of Supervisors
August 16 - 8:00PM Round Lake Improvements - Hearing
August 21 - 7:30PM Comprehensive Plan
August 28 - 7:30PM Regular P and Z Meeting
Miles noted that the meetings on the Comprehensive Rlan
are to be held the first and third Tuesdays of each month, 7:30PM
at the Crooked Lake school.
Miles called for Michael Fern who was not present.
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Miles called for Walter Fineberg regarding final plat of
Bunker Lake Estates. Commission noted that it was not necessary for
the final plat to come before the Commission.
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Page Four
July 31, 1973
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Chairman called for a Public Hearing on the application
of Dayton R. Conger to rezone that portion of Section 26,T32R24
and that portion of Section 35,T32R24 from Limited Industrial to
R-1, Single Family Rural. Subject area contains approximately
411 acres. In response to questioning by the Commission, applicant
indicated that the present buildings on the property are residential
uses; of the several owners of the area, all were contacted except
for Walter Vosika. John Logan, realtor, stated that an attempt
was made to locate Vosika but they were not successful; that the
representative for the Old Colony parcel was contacted by phone and
cable, that there was no objection to the rezoning and if necessary
would provide an affidavit to that effect. Newell suggested, and
the Commission agreed, that the affidavit be obtained for presentation
to the Board of Supervisors. Logan also stated that Emmet Swanson,
owner of approximately 95 acres in the area, was in favor of the
rezoning. Mrs. ERickson, 831 Crosstown Blvd. NW, Anoka, owner of
approximately 80 acres in the area, stated that she was in favor of
the rezoning. Richard Schneider, 1343 Andover Blvd. NW, Anoka,
stated that he lived across the street from the parcel and would
rather see it zoned residential than industrial. David Schneider,
1211 Andover Blvd. NW, Anoka, stated that he was in favor of the
rezoning. Chairman asked for objections to the rezoning and none
were heard. Commission noted that Coon Creek cuts across the center
of the parcel from west to east; that during the course of the
July 17, 1973 Comprehensive Plan meeting, Otto Schmid, Nason,
Wehrman, Chapman and Associates, Township Consulting Planner,
stated that he preferred a residential use of the property due
to the physiographic amenities; that the area was better suited
for residential development rather than industrial development.
Rither noted that the reasons for zoning the area Limited Insustrial
back in 1970, when the Map and Ordinance were adopted was the
proximity to the Burlington-Northern trackage and the two county
highways. Richard Schneider confirmed this to be the case. It was
moved by VanderLaan, seconded by Newell, to recommend to the Board
of Supervisors that that portion of Section 26, T32R24, and that
portion of Section 35, T32R24 be rezoned from Limited Industrial
(LI) to R-1 Single Family Rural District due to the following:
(1) Expressed desire of the property owners for rural
residential uses as opposed to industrial uses;
(2) To assist in thet'basic preservation of Coon Creek
in that industrial uses are considered to be
incompatible with the natural amenities of the creek;
(3) That the preliminary Comprehensive Plan now being
formulated for the Township indicates that a
residential use is the best use of the land in question.
Motion carried unanimously.
Chairman called for Commission' discussion regarding the
status of sanitary sewer within Grow Township. Commission reviewed
discussion held at joint meeting held July 17, 1973 at which time
the question was discussed fwith town engineers Fricke ;iand Sha;
Supervisor Christenson; planner Schmid and the Commission along with
Walter Arntzen, Grow Building Official. Discussed Septic System fail-
ure data as reported by Arntzen; resolution from Commission to Board
of Supervisors.
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July 31, 1973
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After lengthy discussion and on a motion by Rither, seconded by
Newell, the following Resolution was adopted unanimously by the
Commission:
WHEREAS, the Grow !ownship Building Inspection Department
has documented an increased failure rate of private, on site sewage
disposal systems, and;
WHEREAS, said failures are occurring primarily within the
southern one third of the Township of Grow in areas of residential
development of urban density, and;
WHEREAS, the Grow Township Building Inspection Department
reports that the majority of the aforementioned septic system
failures are occurring in systems lwhich are less than five years
old, and;
WHEREAS, available engineering data indicates that in the
sandy soil type as is found in the Township of Grow, the expected
life of a septic system is estimated to be a maximum of seven
years, and;
WHEREAS, the residents of the Township of Grow obtain
their water supply from private wells, and;
WHEREAS, increased failures of private septic systems
at an urban density increases the probability of ground water
supply degradation and contamination, thus posing a serious threat
to the public health and welfare of the residents of the Township
of Grow, :.":'1
NOW, THEREFORE, BE IT RESOLVED, by the Grow Township
Planning and Zoning Commission, that the Grow Township Board of
Supervisors initiate, as soon as practicable, the necessary
procedures to effectuate a sanitary sewer PFogram within the
Township of Grow.
It was moved by VanderLaan,
adjourn. Motion carried unanimously.
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Skip R~th , Clerk
Planning and Zoning Commission
seconded by Rither, to
Meeting adjourned at lO:15PM.
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T()WNSIiIP
July 19, 1973
AGENDA ITEM -- LEXCEN PROPERTY
Mr. Thomas Rowland
Rowland's Realty
12612 Central Avenue N. E.
Anoka, Minnesota 55303
Dear Mr. Rowland:
It has come to our attention through a Variance Request by David R. Lexcen that
you apparently sold the following described property by metes and bounds:
The West 656.66 feet of the North 165.85 feet of the South one-half
of the Southwest Quarter of the Southwest Quarter of Section 12,
Township 32, Range 24, Anoka County, Minnesota as measured along
North and West lines of said tract subject to the right-of-way of
Ward Lake Drive as now laid out and traveled along the Westerly
line of said tract.
Grow Township has a platting ordinance in effect since February, 1972 which,
defined, means that any piece of land sold which is under five acres must be
platted. To do otherwise is contrary to State law. Also, the Lexcen property
has inadequate frontage per zoning in that district. This puts the lot in a
situation where the building official cannot issue a building permit without a
variance. The proper procedure to be followed is:
1) You, as the Seller, must come before the Town Board and request a variance
from the Platting Ordinance #10 to sell this piece of property.
2) You must call the Board Chairman to be placed on the agenda. (Chairman
Lawrence Carlson, 17750 Aztec Street N.W., Anoka, Telephone #421-8243).
The next regular monthly meeting of the Town Board will be Tuesday,
August 14, 1973, 8:00P.M. at the Crooked Lake Elementary School..
Mr. Carlson should be contacted no later than August 1, 1973 with your
request to be put on the agenda.
3) A decision will be made at that time.
4) If you disregard this pr~cedure, the Grow Township attorney will take action
to prosecute unde~ State law.
Sincerely yours,
&t 9Cl'C'~'C~
Art Jaworski, Chairman
Planning & Zoning .CoInmission, Telephone 1/421-1087
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Patricia A. Dahl, Clerk
Township of Grow, Telephone #434-3410
Copy.to: nnviil 'R. T.'xc('n
TO\iNSHIP OF GROW
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION
WHEREAS, the Grow Township Building Inspection
Department has documented an increased failure rate of
private, on site sewage disposal systems, and;
WHEREAS, said failures are occurring primarily
within the southern one third of the Township of Grow in
areas of residential development of urban density, and;
WHEREAS, the Grow Township Building Inspection
Department reports that the majority of the aforementioned
septic system failures are occurring in systems which are
less than five years old, and;
WHEREAS, available engineering data indicates
that in the sandy soil type as is found in the Township
of Grow, the expected life of a septic system is estimated
to be a maximum of seven years, and;
WHEREAS, the residents of the Township of Grow
obtain their water supply from private wells, and;
WHEREAS, increased failures of private septic
systems at an urban density increases the probability of
ground water supply degradation and contamination, thus
posing a serious threat to the public health and welfare
of the residents of the Township of Grow,
NOW, THEREFORE, BE IT RESOLVED, by the Grow Town-
ship Planning and Zoning Commission, that the Grow Township
Board of Supervisors initiate, as soon as practicable, the
necessary procedures to effectuate a sanitary sewer program
within the Township of Grow.
The foregoing Resolution was moved and adopted
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at a meeting of the Grow Township Planning and Zoning
Commission held at Crooked Lake Elementary School at
IO~~'At on the 31 ST.day of July, 1973.
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Allan R. Miles
Acting Chairman
Grow Township
Planning and Zoning Commission
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Robert A. Rither
Clerk
Grow Township
Planning and Zoning Co~mission
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JULY 31, 1973
TO:
GROW TOWNSHIP BOARD OF SUPERVISORS
GROW TOWNSHIP PLANNING AND ZONING COMMISSION
ROBERT L. PEARS SPECIAL USE PERMIT
FROM:
SUBJECT:
GENTLEMEN:
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1. Robert L. Pears appeared before the Commission on
July 31, 1973 regarding the application of a Special Use Permit
to sell new and used auto parts at the West 500 feet of Lot I,
Watts Garden Acres, on Bunker Lake Blvd. NW.
2. Commission notel? that proposed use is an intensification
of an existing non-conforming use.
3. Proposed use to be contained within a building to
be erected on the property by the applicant.
4. Proposed building will perhaps improve the appearance
of the area rather than detract from it.
5. Proposed use is suitable for the area in that the use
and others similar to it exist and proposal would appear not to be
destructive or have an adverse effect on adjoining properties.
6. Applicant anticipates no great amount of traffic as
a result of his proposal.
It was moved by Johnson, seconded by Newell and carried
unanimously, that the Planning and Zoning Commission recommend to
the Board of Supervisors that a Special Use Permit be issued to
permit the selling of new and used auto parts at a location
described as the West 500 feet of Lot I, Watts Garden Acres.
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Allan R. Miles, Acting Chairman
Planning and Zoning Commission
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JULY 31, 1973
TO:
FROM:
SUBJECT:
GROW TOWNSHIP BOARD OF SUPERVISORS
GROW TOWNSHIP PLANNING AND ZONING COMMISSION
DAVID R. LEXCEN VARIANCE APPLICATION
GENTLEMEN:
1. David R. Lexcenappeared before the Commission
on July 31, 1973 regarding a variance of the lot width at front
set-back line for a lot located within the R-1 Zoning District.
2. Subject lot was conveyed via metes and bounds
description in violation of Ordinance #10 paragraph 7.01.
3. In accordance with Ordinance #$, paragraph 5.04,
Commission notes that no hardship can be found in that both
Ordinance #$, and #10 were in effect prior to the conveyance
of the aforementioned lot or parcel.
4. Mr. Lexcen confirmed the fact that the parcel
became of record after the effective dates of the Ordinances.
It was moved by Newell, seconded by VanderLaan and
carried unanimously that the Variance application of David R.
Lexcen be disapproved due to violation of Ordinance #10, para-
graph 7.01; Ordinance #$, paragraph 6.02, lot width at front
set-back line for R-1 Zoning District; lot became of record
after the effective dates of the respective Ordinances.
Allan R. Miles, Acting Chairman
Planning and Zoning Commission
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JULY 31, 1973
TO:
GROW TOWNSHIP BOARD OF SUPERVISORS
GROW TOWNSHIP PLANNING AND ZONING COMMISSION
PRELIMINARY PLAT - NJORDMARK DALE
FROM:
SUBJECT:
GENTLEMEN:
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James Moen, owner and Keith Graham, surveyor, appeared
at the continued public hearing held July 31, 1973.
1. Commission reviewed revised plat as it relates to the
Commission report to the Board dated July 7, 1973 and notes that
all items have been revised satisfactorily with the exception of
item six, which appears to be a clerical error and will be provided.
2. Based upon the Township Engineers' report dated
June 21, 1973, all deficiencies have been satisfactorily revised
with the exception of item one; lot area should be a total of
39,000 square feet in accordance with Ordinance #10, para. 9.06a(2).
3. Commission notes the requirements of Ordinance #$,
Section 3.02, Definitions, para. (RR) which states that a lot area
is the area of a lot in a horizontal plane bounded by the lot lines.
4. Commission notes the requirements of Ordinance #10,
para. 9.06a(2) which requires a minimum of 39,000 square feet of
lot area.
5. Majority of the Commission prefer the way the lots are
laid out and express the hope that a way can be found to legally tie
the lots together as proposed by the developer.
It was moved by Newell, seconded by Johnson, to recommend
to the Board ot Supervisors that the preliminary plat, Njordmark Dale,
of James Moen, be approved provided the following discrepancies are
eliminated:
[lJ Pairing for building sites of Lots 9 and 10,
Block 1, be added, and,
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Page Two
Njordmark Dale
[2] Proposed park land area be disregarded in
favor of a cash settlement in accordance
with Ordinance #10, para. 9.07.
For: Johnson, Newell, VanderLaan
Against: Rither
Motion carried.
Allan R. Miles, Aating Chairman
Planning and Zoning Commission
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