Loading...
HomeMy WebLinkAboutJuly 31, 1973 / " \._) , '\ ( ) '- .~ /-) 3 f" nJo. /, /vJor-drntt..r k'T:).".J~ O"rd.' 'P....bl.-c.lletVi"J ?rt../"m,'n4'1 ?/..T ,;J.., Ho.'("v e.~ )../0..1\ so"" - Re.LOC-A-TG"t> ~ TRlA.c:r-IA.Rt: 3. "DAve.. LE.XC.eN Va..r,'Q.,<,c.e... L/. 'Rob-e.r+ "Pe.......~ "S~-e~:...1 US~ "1:>e-R.m/, 5'. m.. c-,,^-a.-e-I Fvr N 'If tt 'f'~ A.",^ ~ e... t" 'Da.ytoY\ Qov\Jer "Re.z.o.vi~ -p....6/I'Cl-luH,~ ?, So.o;t-...,,'1 'Se........e.r S-I-a..-f1A5 o , , . j '--, ,---. I -" l ) . ) t7.-uw Tuwn~hip ~ ~~) 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. Actlnti On!rre..,. Alnn Ij.lro ^eondn Itcoo. (1) Continued ?Jb11o l!rorlnz Y1jo::tlrc.rr: Ihle Jo.nc:J 1:ocn. (2) Im:vcy 1b.'1nOO-propo;Joo house nov~ Round I.oJ~o rculovo.rd at couth €'.n:l of Round. lLlJ:o. (:3) ~vo I.o::ccn vc..'"'in.nco-2-} o.cro lot, 17~~ l.n!~o rrtvo, doco not neot nlnL'1U!1 f'rontnu"'O rcqt1lrtmont. (Th1o t1co 1n ulth co!'Y of lotter cent'tl IlOlflM.1. f!rolty by Cld: Md Mt JaNo:::or~l.) (ll>) Spcc10l uno pnoclt-P.oOOrt L. I'a:tr.3, f~ n~f c."Vl mod auto rnrW dcnleroh1p ttCY.lt SOO feet or Lot I, l:a.tto Co.r:1on Ac..'"C:J, run!-:cr l.n!~o Eoulevo.rd. (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. (0) P.locu:lolon mrl rooolutlon fi'o:1 p1.a.n:l1nu co:'..'ilimlon on propoccd ccmcr proJocto 111 G..'"'O:I TCl~"'DO.'11p. o rmrr: 2nd coating eac~onth on Ca:lprchcn:llvo plen. lot '!'l1osdny, 7''', School. I1mp, rot.ty noon !no --r001{;nod. aCll:WO rovo e.nyono you [mO'", Intc...'"'C:ltw 'mo d0C3 not ho.vo n connict of 1ntorocrt:l ocnd n pcroorol %'CmrIO to Iarry C:b:lcon, ctn1rca,l'1 of era", To'..:nnhlp Ealrd of Supcrvloorn, A. Jm:O::O!;l GJ."O'd TO'"~'11p r1l'.lmlJ1ti o.nd Zoning C<:rT" 0::3100 .~) () u f3("()W T()wn~hip Page One July 31, 1973 ~ 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. '~ 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. , '\ \.J .~ o ~-) Page Two July 31, 1973 ( ) ,/ \ (3rf)W Tf)wn~hip u 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 ,-J (" 0 f7fuw Tuwn~hip 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 ~ 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. " ,~) 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. '~J ~) - " ,-J () f3r()w Page Four July 31, 1973 " () T()wn~hip 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. ~J .:~) '\ o " Page Five July 31, 1973 () () (7rvw Tvwn~hip 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. <? ~~ Skip R~th , Clerk Planning and Zoning Commission seconded by Rither, to Meeting adjourned at lO:15PM. ~J ~-) . '\ '-J r\ () u G~()W 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 y?~ tl. /IJJ~ AJ/pd 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 -2- 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. ad-- ~# Allan R. Miles Acting Chairman Grow Township Planning and Zoning Commission ~~c:2&u Robert A. Rither Clerk Grow Township Planning and Zoning Co~mission tf()w T()wn~hip :_) ~_J JULY 31, 1973 TO: GROW TOWNSHIP BOARD OF SUPERVISORS GROW TOWNSHIP PLANNING AND ZONING COMMISSION ROBERT L. PEARS SPECIAL USE PERMIT FROM: SUBJECT: GENTLEMEN: ~-) 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. ~J Allan R. Miles, Acting Chairman Planning and Zoning Commission :J ~J :J I ' " l ) ..1 f3'rvw Tvwn~hip '\ 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 #$, paragraph 6.02, lot width at front set-back line for R-1 Zoning District; lot became of record after the effective dates of the respective Ordinances. Allan R. Miles, Acting Chairman Planning and Zoning Commission (-~ ~ f7ruw Tuwn~hip , '\ ,_J JULY 31, 1973 TO: GROW TOWNSHIP BOARD OF SUPERVISORS GROW TOWNSHIP PLANNING AND ZONING COMMISSION PRELIMINARY PLAT - NJORDMARK DALE FROM: SUBJECT: GENTLEMEN: ~J James Moen, owner and Keith Graham, surveyor, appeared at the continued public hearing held July 31, 1973. 1. Commission reviewed revised plat as it relates to the Commission report to the Board dated July 7, 1973 and notes that all items have been revised satisfactorily with the exception of item six, which appears to be a clerical error and will be provided. 2. Based upon the Township Engineers' report dated June 21, 1973, all deficiencies have been satisfactorily revised with the exception of item one; lot area should be a total of 39,000 square feet in accordance with Ordinance #10, para. 9.06a(2). 3. Commission notes the requirements of Ordinance #$, 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, :~ .. () () f7r-f)W Tf)wn~hip (j 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 ~J , ) '--.J